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HomeMy WebLinkAboutSUP-11-05' (I City Of o COMWheatRdge MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 Approval of Special Use Permit WHEREAS, an application for a Special Use Permit was submitted for the property located at 4725 Miller Street to allow use of the property as a public charter school in the A -1 and R -2A zone districts, referenced as Case No. SUP- 11 -05; and WHEREAS, City staff found basis for approval of the Special Use Permit, relying on criteria listed in Section 26 -114 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has properly notified pursuant to Section 26- 109 of the Wheat Ridge Code of Laws; and WHEREAS, there were no registered objections regarding the application; NOW THEREFORE, be it hereby resolved that a Special Use Permit to allow use of the property at 4725 Miller Street as a public charter school pursuant to Case No. SUP- 11 -05, is granted based on the following findings of fact: 1. There are no physical changes proposed for the property. 2. The proposed cap on the number of students remains at 250. 3. The use of the property as a private school is logical and appropriate. 4. The proposed Special Use Permit will not have a detrimental effect upon the general public health, welfare, and safety of the surrounding area if the traffic is managed in accordance with the applicant's request narrative. (Exhibit 1) For these reasons, a recommendation of approval is given for Case No. SUP -11 -05 with the following conditions: 1. The grant of use shall run with the applicant. 2. The student population of this campus shall not exceed 250 without review and approval of a new Special Use Permit. 3. If additional structures are proposed including the gymnasium labeled "future" on Exhibit 2, a new Special Use Permit application shall be required. 4. Traffic and parking shall be managed in accordance with the applicant's request narrative (Exhibit 1). 5. Overflow, special ovent poking shall be consistent with Exhibit 4. `7- 13 -11 -11 Director Date www.ei.wheatridgexo.us e City of ®� Wheat idge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: June 28, 2011 CASE MANAGER: Meredith Reckert CASE NO. & NAME: SUP- 11- 05/Mountain Phoenix Community School ACTION REQUESTED: Request for Special Use Permit to allow a public charter school LOCATION OF REQUEST: 4725 Miller APPLICANT: Donna Newberg -Long for Mountain Phoenix Community School APPROXIMATE AREA: 4.23 acres PRESENT ZONING: Agriculture -One (A -1) and Residential -Two A (R -2A) ENTER INTO RECORD: (X) CASE FILE (X) ZONING ORDINANCE SUP -11 -05 /Mountain Phoenix Community School All notification and posting requirements have been met; therefore, there is jurisdiction to make a determination regarding this request. I. REQUEST The applicant, Mountain Phoenix Community School (MPCS), is requesting a Special Use Permit to allow a public charter school on property zoned A -1 and R -2A. Public and private schools are a special use in both the A -1 and R -2A zone districts. To legitimize the transfer of operation to the applicant lessee, a new SUP is required. (Exhibit 1, applicant's request) Pursuant to Section 26 -114 of the Code of Laws, the Community Development Director has the ability to decide upon applications for administrative Special Use approval, without requirement for a public hearing, provided the following conditions are met: 1. A completed application package has been submitted and fee paid; 2. The Community Development Department has notified adjacent property owners by letter notice and the site has been posted for at least ten (10) days; 3. No written objections have been received in such ten —day period; 4. The Community Development Director concludes that the criteria for approval, as set forth below, are substantially complied with and support the request. The Community Development Director can impose conditions or stipulations upon the approval, which may include physical design, operational, and maintenance considerations to ensure compliance with the criteria for review. Staff is recommending approval with this request with conditions. The Community Development Director shall also decide the following: 1. Whether the SUP runs with the land in perpetuity; or, 2. Whether the SUP is personal to the applicant and may or may not be inherited; and/or, 3. Whether the SUP is granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. II. PROPERTY DESCRIPTION/HISTORY The property is located at 4725 Miller Street and has split zoning designations: the eastern part of the property is zoned Agricultural -One (A -1) and the western half is zoned Residential -Two A (R -2A). Surrounding the parcel are residentially and commercially zoned properties. To the south and west is a single- and two - family residential neighborhood zoned R -2. Across Miller Street to the east are commercially -zoned parcels that include a Motel 6 and Comfort Inn. Fruitdale Park is southeast of the subject property and is zoned Planned Residential Development (PRD). To the north is Interstate -70. The subject parcel is an L- shaped corner lot with access to Miller Street and I -70 Service Road South. It consists of 4.23 acres and includes five structures of varying ages. Three of the structures, including a farmhouse and barn, were constructed before 1920. These structures were converted to a school in 1987 when Foothills Academy opened. Two additional structures were constructed in 1993 and 2005. Total building coverage on the site is currently at 12.8 %. The remainder of the campus includes a large playfreld, outdoor playground, paved courtyards, and two parking areas with 77 spaces. The parking lots are not connected and provide access to the I -70 Service Road and Miller Street, respectively. (Exhibit 2, site plan) SUP -11 -05 /Mountain Phoenix Community School 2 The property is the site of the former Foothills Academy. Foothills opened in 1987 as a private school; at that time schools were a permitted use in the A -1 zone district. In 1989, the zoning code was amended, and private schools became a conditional use in the A -1 district. Pursuant to this change, Foothills Academy applied for and received a conditional use permit (CUP) allowing the school to expand. In 1992, Foothills was granted another CUP for a physical expansion and increased enrollment. At this time, the school added a high school component and started serving grades K through 12. Approval of the 1992 CUP required a traffic impact study, a recorded site plan, and improvements along Miller Street and the I -70 Service Road. In 2001, Foothills applied for a third and final CUP. The CUP was approved with conditions, including an enrollment cap at 250 students, a required Neighborhood Traffic Mitigation Plan for Miller Street, restricted parking on Miller Street, required landscape buffering, and a required drop -off lane along the I -70 Service Road. Shortly after the 2001 CUP was approved, the City's zoning code was updated and the conditional use permit was replaced with the special use permit. Because the 2001 CUP does not run with the land, MPCS will need an SUP to operate a school on the property. III. CASE ANALYSIS The applicant, Mountain Phoenix Community School (MPCS), is proposing a pre - Kindergarten through 8 1h grade public charter school for the Jefferson County School District. Projected enrollment for the 2011 -2012 school year is 250 students. The projected number of faculty and staff is 38 individuals, of which 21 would be full -time staff. MPCS currently has a smaller campus in Coal Creek Canyon, and the Wheat Ridge school is considered the "town- site" for the two sister schools. Both are operated under the Waldorf model of education which incorporates arts education and experiential learning. As a Jefferson County public charter school, the service area for the Wheat Ridge campus would include students from across the County. Public and private schools are special uses in the R -2A and A -1 zone districts. No site changes are proposed with this application. If it is determined that enrollment must increase or if future new structures are required, a new SUP application will be required. IV. SPECIAL USE PERMIT CRITERIA Before an administrative special use is approved, the applicant shall show and the Community Development Director shall find that the majority of the proposed Special Use criteria have been met (Exhibit 3, Applicant's response to SUP criteria). Staff provides the following review and analysis of the SUP criteria. 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. SUP -11 -05 /Mountain Phoenix Community School The proposed change of assignment and operation will not have a detrimental effect on the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The property has been utilized as a school since the late 1980's. Staff concludes that this criterion has been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. The request will not create or contribute to blight in the neighborhood. The existing property is attractive and properly maintained and it is expected that with the change in user, this will continue. Staff concludes that this criterion has been met. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. There was a Conditional Use Permit for a private school approved for the property in 2001 pursuant to Case No. CUP- 01 -01. One of the conditions of approval was that the number of students on the camps be limited to 250. Since this number is not increasing there should be minimal adverse impacts. The use of the property as a private school is logical and appropriate given the physical improvements on the property. Staff concludes that this criterion has been met. 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service of internal traffic conflicts to the detriment of persons whether on or off the site. There school has described their proposed traffic management plan with preschool and kindergarten drop -offs using Miller with the rest of the student drop -offs occurring from the south I -70 frontage road. A traffic impact analysis was submitted which concludes that the proposed use of the property can be accommodated by the surrounding street system. Staff concludes that this criterion has been met. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. The school grounds contain a variety of structures and use areas arranged into a campus configuration. There are existing 6' high solid fences on the south and west sides of the property adjacent to the low density residential neighborhoods. Parking areas are divided between Miller Street and the south frontage road to disperse the impacts. If traffic is controlled internally within the organization as indicated, compatibility with the neighborhood should be maintained. SUP -11 -05 /Mountain Phoenix Community School 4 Staff concludes that this criterion has been met. 6. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. All utility agencies are currently serving the property and will continue to do so. There may be some impact on Fruitdale Park but it should be minimal as the school has adequate open space and activity areas for the students. Staff concludes that this criterion has been met. 7. There is a history of compliance by the applicant and /or property owner with Code requirements and prior conditions, if any, regarding the subject property. No history was found regarding code requirements or violation of prior conditions of approval on the subject property. Staff concludes that this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. There are no exterior modifications to the existing structures on the property; therefore the standards of the ASDM do not apply. Staff concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING A meeting for neighborhood input required by the SUP application was held on May 17, 2011. A summary of the meeting has been attached. (Exhibit 4, neighborhood meeting recap). VI. AGENCY REFERRAL Referrals were sent out to impacted agencies that are currently serving the property and will continue to do so. Public Works has reviewed and approved a traffic impact analysis. VII. STAFF RECOMMENDATION Regarding the Special Use Permit, Staff has concluded that the evaluation criteria support approval of the request for the following reasons: 1. There are no physical changes proposed for the property. 2. The proposed cap on the number of students has not increased above 250. 3. The use of the property as a private school is logical and appropriate. SUP -11 -05 /Mountain Phoenix Community School 3. The use of the property as a private school is logical and appropriate. 4. The proposed Special Use Permit will not have a detrimental effect upon the general public health, welfare, and safety of the surrounding area if the traffic is managed in accordance with the applicant's request narrative. (Exhibit 1) For these reasons, a recommendation of approval is given for Case No. SUP -11 -05 with the following conditions: 1. The grant of use shall run with the applicant. 2. The student population of this campus shall not exceed 250 without review and approval of a new Special Use Permit. 3. If additional structures are proposed including the gymnasium labeled "future" on Exhibit 2, a new Special Use Permit application shall be required. 4. Traffic and parking shall be managed in accordance with the applicant's request narrative (Exhibit 1). 5. Overflow, special event parking shall be consistent with Exhibit 4. SUP -11 -05 /Mountain Phoenix Community School /l PO MnuvItaL PhoewLX ContMLL %tU School 11_ - :�981zavah ELsLe R,d., r- Co 00403 303- 642- 7o34phom 3o3- 642 -2455 fRK Letter of Request To Whom It May Concern, It is the intention of Mountain Phoenix Community School to provide an arts - based, tuition free, charter school inspired by Waldorf Education in the 21" Century at 4725 Miller Street in Wheat Ridge beginning in August. This PreK -8` grade school will be an extension of the existing school in Coal Creek Canyon. Families from the Wheat Ridge area came to Mountain Phoenix and asked if the school might consider bringing this unique education to families in the Wheat Ridge and surrounding communities. The Coal Creek School is too long a drive for families on the Front Range to make each day. In response to this request, we are proposing to satellite our Charter to a second campus in Wheat Ridge at the former Foothills Academy School near to the I -70 — Kipling interchange. The `Satellite' School — Mountain Phoenix Community School -Wheat Ridge — is on schedule to open for classes in August 2011, commencing its already approved funding- budget by the Jefferson County School District's Board of Directors. The first funding installment from Jeffco School District will take place as of July 1, 2011. First, however, we must get approval for the Special Use Permit to commence as planned. It is incumbent upon Parents to be actively involved from the initial commitment signing their children up; to accountability throughout the school year that imbues their students with a most unique public education experience in a private - school environment. Strong academic curriculum within classical liberal arts education is a proven formula to foster creativity and imagination. Above all, it teaches students how to think which bodes well in competitive public - required standardized testing. Conditional Use Permit — A -1 Zoning for Public & Private School Use There will be no change to the site or in the use of the site, formerly known as Foothills Academy. All five (5) buildings will remain in use just as they have been. To this end, they have been evaluated, personally, for suitability by Mr. Tim Reed — Director, Capital Programs Facilities Planning at Jeffco Public Schools Facilities Planning & Construction Division. At the end of his extensive 2 -hour evaluation/inspection, Mr. Reed said, "...There's nothing to preclude Mountain Phoenix from using this school for its intended purposes and taking advantage of this opportunity...." (April 1, 2011). MPCS —Wheat Ridge has already fostered a strong parent pool of support in order to successfully achieve survivability and maintenance of its schools. Parents will be assured that MPCS can comfortably continue the legacy of a school site that's been in existence on this property for 27 years (since 1984). Most convincingly, this location has significant social benefits — educating children to a high standard. Mountain Phoenix will continue this legacy forward providing a tuition -free, public charter school inspired by Waldorf education in the 21 Century. Sincerely 5 Z j _ Donna Newberg -Long, Ph Principal, Mountain Phoenix Co unity School w EXHIBIT 1 PHOEI\lVX Co mm. Sc.iAoo L, E ar LLL g be f H - .. ow i _ 1 5 .- ref E 1 15 �r�8tlsd per CM1y b r € s ,.. V €� E J Wiirat R+d➢eper Gl _ � -,:. F t t T k x itcr� °4 f Yr Ncu TiR#p 1 driwweY? T / 1 pi 1 d 1 New Treeh Eeuiwra � f a - 1 Y\. FnsMa FYaeinaF� Tetal�ex�500tl r ffe0liK +rn 2,500 sQ � � � � F S ` aG w ewes CwM.aw.acind 31 I Jf +IC:SNiRY. PaNeg: Ail R -2A Pariwq R";.Iw 71 $Pacts �e L40a (XIPd3l01 LcA sea: 184,403 sf (4-n was) P+ifeeQ Pmti4 t. 7T SPCe4 21 C=a?K+ss4 C:J %J CI,P 1*1 &uKsrG C.avare9e: 37.134 sf C3m i 0.� -01-ui tPSa 59.m; f (32%J (`sass f3urtlTq tree %0130 Pmklp0 20,Sh7 sf YJaikWtya 3i,278sf Exssturp: {22,613 sfl P (3 LnWsca m: W%4sf(49%) N(ItW'JN{i: i5$f tap{ue +I eiBX " 3�]FaBf —..a N S ite '" P lan r, ae3 sf +t 3X00 s7i L-. , CMrr Aj i f,] u .,/ •` I y 6�13pD�eof ;1 I if a � Adlwrkts�� 1 r 25 fl. SAf hlzmk N tx W City r�remrm� VeHVr+� fD.CV...' Aliq 1 # h 1 r. l.. r a. � eb Qr 3tl� CkTN or WHeAor R IDGE PPPR e DArt-� T �Nti2t� Jb�hS� 6w� � �l7Yww�u�i�) i EXHIBIT 2 SPECIAL USE PERMIT EVALUATION CRITERIA CITY OF WHEAT RIDGE Mountain Phoenix Community School — Wheat Ridge SPECIAL USE PERMIT— APPLICATION PROCESS (located on former site of Foothills Academy) 4725 Miller Street, Wheat Ridge, Colorado 80033 [1.] The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The nature of primary impact consideration addresses the importance in having a respectful traffic and parking plan in place and enforced, most importantly Miller Street and potential roll -over effects on 47` Place — adjacent cul -de -sac at the southern side of school property. To minimize these impacts, student drop offs and pick -up timing for parents and bussed students will minimally use Miller Street — pre- school -age and kindergarten kids only. Parents will be directed to drop -off grade - school and middle school children using the south 1 -70 Frontage Road parking areas and the School's Westside school driveway and parking area in order to shift significant majority of vehicular activity away from Miller. Parents will enter this paved school property area off Frontage Road and 'loop' through the parking area so as not to block the Frontage Road with left- hand - turning traffic — proceeding west to east as a one - way traffic pattern via the parking area. This north -side approach is intended to minimize traffic on Miller Street during the school day. Mountain Phoenix is a preK -8 school; there are no teenaged drivers included in school enrollment. A'Car- Pooling' Plan is being developed and communicated with parents to optimize an ability to have as few vehicles as possible. Special school events will be communicated to neighbors of timing and circumstances. As well, the across - the - street - hotel's extensive parking lot (east side of Miller Street) will be asked to enable 'special events' parking, accessing through hotel's locked gate. Current signage located along both east and west sides of Miller Street will be recognized and respected by the patrons - parents of MPCS -Wheat Ridge. As is allowable and approved by City of Wheat Ridge, School Administration will provide enforcement of 'no- stopping' alerts on these City - provided signs — noting also that the 'sight-lines' at the corner intersection at 47` Place are not to be blocked. [2.] The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. By its nature of existence, Mountain Phoenix Community School — Wheat Ridge must comply with the Jefferson County School District requirements to have a working 'Emergency Safety- Security Plan' that is at all times adhered to and enforced. 'Physical and Operational' criteria are part and parcel of this Plan — strictly imposed /enforced. The school's five buildings as well as its hardscape and landscape are well - maintained and will continue as such. Separations between buildings via paving and walkways will be kept in good condition. The buildings have been renovated with more appropriate systems for a school — inclusive of new roofs, HVAC systems — upgraded diffusion /distribution, and lighting. The 4.25 -acre building campus, field area with playground equipment and play areas meet current regulations. EXHIBIT 3 [3.] The special use will not create adverse impacts greater than allowed under existing zoning for the property. As a replacement school, the special use continuance will not create any adverse impacts greater than has been currently allowed through 2011. Given that the previous school — Foothills Academy — operated on this very same site since 1984, and that Mountain Phoenix Community School intends to provide education without any significant differences specific to existing zoning for the property, i.e., it is being requested that the special permit use on the existing R -2A and A -1 remains the same. There are minimal negative impacts with reference to environmental factors. New building structures built in 2003 -2004 were located on the extreme north side of the campus adjacent to 1 -70's south frontage road — further mitigating neighborhood noise factors by virtue of their construction as well as the CDOT freeway wall meant to buffer noise generated by vehicular traffic on 1 -70. Moreover, five school buildings in a residentially -zoned neighborhood, with open playground spaces, grass lawns and fields with the feel of an English courtyard "campus" setting, may work to enhance the neighborhood as a most appropriate use located adjacent to residential uses. [4.] The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. Parents, family groups and carpools will drop -off and pick -up students from multiple grades. The majority of children being picked up upon dismissal at 3:30 PM will be facilitated in this quick pick -up window of time. There is little need for parents to park except when they are to meet with teachers. Parents will be directed to drop -off grade - school and middle school children using the south 1 -70 Frontage Road parking areas via school's westside school driveway and parking area, thus shifting significant majority of vehicular activity away from Miller. Parents will enter this paved school property area off south Frontage Road and 'loop' through the west parking area so as not to block south Frontage Road with west - facing, left- hand - turning traffic. Once in the lot, the drop -off and pick -up pattern is to proceed west to east as a one -way traffic looping within the parking area. This north -side approach is intended to minimize traffic on Miller Street during the school day. This City- recommended westside, one -way, drop- off /pick -up area allows for angle parking with an 18- foot wide pavement that allows for a curbside drop- off /pick -up location and also a by -pass lane. The 26+ space parking lot west of the school buildings has islands that incorporate drive - through areas as well as an accommodation for the existing mature cottonwood trees. Along the westside of Miller Street an existing 6 -foot solid fence extends the length of the frontline of the Administration Building's parking area meant for pre -K and Kindergarten parking /drop -offs. This is marked with one -way traffic directional signs to expedite use of this parking and drive - through area. With the exception of an existing dumpster —trash removal occurs typically Monday at 1:00 PM — traffic activity and /or on- street parking will not take place on 47 Place during school hours. The school site has approximately 75 parking spaces located in three lots. Current signage located along both east and west sides of Miller Street will be recognized and respected by the patrons - parents of MPCS -Wheat Ridge. As is allowable and approved by City of Wheat Ridge, School Administration will provide enforcement of 'no-stopping' alerts on these City - provided signs — noting also that the 'sight-lines' at the corner intersection at 47 Place are not to be blocked. 2 [5.] The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. The Mountain Phoenix Community School — Wheat Ridge application for a special use permit within the existing zoning will not change anything that didn't already exist on the property. As such, the application replicates and is in compliance with all minimum setbacks and landscaped coverage and maximum building coverages in the R -2A and A -1 zoning districts. The newer buildings' construction completion occurred in 2003 -2004. These structures were isolated onto the north portion of the school site minimally impacting the existing residential neighborhoods to the south as well as to the west edge of the property. Mature trees pre- existent on the property had been saved whenever possible. [6] The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. Nothing new is being located to the site of the former school in the way of additional structures, construction, added utilities or additional services. For the purposes of this special use permit there is nothing being added to that which previously existed in the operations of a school as its prior use —since 1984 with upgrades taking place in 2003 -2004 and the special use permit that accommodated and was provided for, at or about that approximate time. All responding service contractors and City agencies can continue to provide services to the school property as needed. There should be minimal impact to neighborhood parks as the school provides its own recreation facilities as well as with its own soccer field and its three playground areas. [7.] There is a history of compliance by the applicant and /or property owner with Code requirements and prior conditions, if any, regarding the subject property. The prior land- owner /bondholders' representative that financed Foothills Academy as a private school entity — Coughlin & Company — continues to be the same property owner leasing the use of the school property to Mountain Phoenix Community School — Wheat Ridge. To the best of Mountain Phoenix's knowledge, there is a history of compliance on this property with respect to Code requirements and prior conditions. Mountain Phoenix Community School is a Jeffco Charter School. As such, it falls under the scrutiny and acceptability of the Jeffco Public Schools' Planning & Construction Department. Mr. Tim Reed, Director Capital Programs Facility Planning visited the site (April 1, 2011) evaluating suitability as a Jeffco Public School. His site visit report indicated acceptance of this school site for Mountain Phoenix Community School. His observations as to site and building conditions related it appeared in reasonably good condition from a code standpoint noting buildings are equipped with fire alarm and security systems. [8.] The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. To the best of its knowledge a special use permit application is in substantial compliance with applicable standards — in reference to "Foothills Academy — An Official Development Plan in The City of Wheat Ridge" which carries a Surveyors Certificate and filed with the Jefferson County Recorder's Certificate #F1276677 (June 28, 2001); Surveyors Certificate dated 07/02/01; City Officials' sign -off 07/02/01. 3 July 11, 2011 Donna Newberg -Long, Ph.D., Principal Mountain Phoenix Community School —Wheat Ridge 4725 Miller Street Wheat Ridge, CO 80033 Dear Dr. Long It has come to my attention that from time to time with regard to special events and overflow parking needs, you may be in need of additional parking spaces. Our policy at Comfort Inn is always one of being good neighbors, especially as may regard public - service organizations such as your school represents in our neighborhood. So, the short form response is to say `yes' with the following thoughts. We would be most willing to allow patrons of your school to utilize our west parking areas when there's a need for additional parking spaces, providing we do not have overflow parking of our own. Our only caveats to you are fourfold: (1) that you make every attempt to provide us at least a few days' notice, and more if that is at all possible, in the likelihood that we have a special convention or organizational booking that will require use of our west lot parking spaces; (2) that your school patrons enter the lot from our Comfort Inn mail entrance off of South I -70 Frontage Road that winds in front of our facilities; (3) that your parent- patrons —most especially their grade schoolers —use extreme caution proceeding from our parking lot across Miller Street to enter school grounds; and (4) in case of a snow -pack, that you allow us time to clear the parking lot first, lest there be added difficulty for our snowplows to remove the accumulation. As an added understanding— something you should know about if you haven't determined this as yet —the swinging gate's padlock blocking the west driveway entrance is solely under the purview of the Arvada Fire Department. We have no say as to the locking or unlocking of that entryway. This is a safety standard established by the AFD and one that we must adhere to as a matter of public safety. Lastly, as we grant you permission to park in our west lot areas, with all due respect, let it be known that you do so at your patrons own risk. Please have them lock their vehicles; do not leave engines running. Comfort Inn shall not be liable for any risk, or loss of, or damage to, property of individuals, including vehicles or the contents therein, hich may result from the use of the parking spaces on our premises. With these understandings, we want to welcome Mountain Phoenix into our community. We anticipate you will have a very successful run as a Jeffco Charter here in Wheat Ridge. Know too, that should you anticipate ever holding educational conferences or programs requiring overnight visitors, we would hope that you would kindly consider us as your first choice for overnight accommodations. Thank you for your courtesy. We too, look forward to a long -term, mutually rewarding relationship. Again, welcome to the neighborhood! Sincere 1 Ms. Loreen West, Manager Comfort Inn 10200 W. I -70 Frontage Road South Wheat Ridge, CO 80033 (303) 422 -6389 EXHIBIT 4 City of zdgo W heat�idge - MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Date: City Staff Present: Location of meeting: Property location: Applicants: Property Owner(s) present? Existing Zoning: Comprehensive Plan May 17, 2011 Meredith Reckert, Senior Planner Steve Nguyen, Engineering Manager Former Foothills Academy campus 4725 Miller - Community Room Wheat Ridge, CO 4725 Miller Mountain Phoenix Community School (MPCS) Donna Newberg -Long, Principal Tim Long, Financial Advisor No A -1, Agriculture -One and R -2A, Residential -Two A Designation: Public Asset surrounded by Neighborhood Member(s) of the community present: Polly Pinkston — 10630 W. 46 Avenue Ray Maes — 10460 W. 47 Place Patty Parker — 10481 W. 47` Place Dianna Pierce —10471 W. 47' Place Craig Eicher — Phoenix Mountain School governing board Existing Conditions: The property is located at 4725 Miller Street and has split zoning designations: the eastern part of the property is zoned Agricultural -One (A -1) and the western half is zoned Residential -Two A (R -2A). Surrounding the parcel are residentially and commercially zoned properties. To the south and west is a single- and two - family residential neighborhood zoned R -2. Across Miller Street to the east are commercially -zoned parcels that include a Motel 6 and Comfort Inn. Fruitdale Park is southeast of the subject property and is zoned Planned Residential Development (PRD). To the north is Interstate -70. The subject parcel is an L- shaped corner lot with access to Miller Street and I -70 Service Road South. The site is the former campus of the private school Foothills Academy. It consists of 4.23 acres and includes five structures of varying ages. Three of the structures, including a fannhouse and barn, were constructed before 1920. These structures were converted to a school in 1987 when Foothills Academy opened. Two additional structures were constructed in 1993 and 2005. Total building coverage on the site is currently at 12.8 %. The remainder of the campus includes a large playfield, outdoor playground, paved courtyards, and two EXHIBIT 5 parking areas with 77 spaces. The parking lots are not connected and provide access to the I -70 Service Road and Miller Street, respectively. Applicant /Owner Preliminary Proposal: The applicant, Mountain Phoenix Community School (MPCS), is proposing a pre - Kindergarten through 8 "' grade public charter school for the Jefferson County School District at 4725 Miller Street in Wheat Ridge. Projected enrollment for the 2011 -2012 school year is 281 to 300 students; a minimum of 281 students is required for the school to be financially viable. The projected number of faculty and staff is 38 individuals, of which 21 would be full -time staff. MPCS plans to lease the site and future expansion plans include construction of a new building and enrollment of up to 400 students. Short term expansion plans may include use of temporary classroom trailers to accommodate 24 students in each. MPCS currently has a smaller campus in Coal Creek Canyon, and the Wheat Ridge school is considered the "town- site" for the two sister schools. Both are operated under the Waldorf model of education which incorporates arts education and experiential learning. As a Jefferson County public charter school, the service area for the Wheat Ridge campus would include students from across the County. Public and private schools are special uses in the R -2A and A -1 zone districts. The following is a summary of the neighborhood meeting: • In addition to the applicants and staff, a member of the school governing body was present. Three members of the public attended the neighborhood meeting who live on the cul -de -sac south and east of the property. Another attendee lives on 46 °i Avenue. • Staff discussed the site, its zoning and history of use of the property. • The applicants and members of the public were informed of the process for the Special Use Pen • The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed: • How will the school manage traffic to the site? The drop- offfor first grade through eighth grade will utilize the parking area off of the south I -70 Frontage Road. The preschool and kindergarteners will be dropped off using the Miller Street parking areas. It was indicated that many of the families have more than one child attending the school which has the impact of reducing the number of trips. The school also provides carpool connections to encourage the reduction of vehicle trips. It was indicated by city staff that if release times the various age groups could be staggered, there would be less of an impact than if all grades are released at the same time. • Will there be after school day care? Yes. • What is the proposed enrollment? Ideally, it would be around 250 students. Foothills Academy had had decreasing enrollment through the years with 79 students in the last academic year. • How many students are enrolled at the Coal Creek Canyon school? Around 50. • Will Jefferson County buy the property? Charter schools are not allowed to purchase property and therefore, must lease it from the current owners. • How will the school deal with outside maintenance? There are funds appropriated in the yearly budget for maintenance. Also a team of parent volunteers who will help with this. How will the school impact Fruitdale Park located southeast across Miller Street? There should be minimal impact on the park as the school has adequate playing fields and areas recreation. There maybe the occasional nature walk in the park but the students world be adequately supervised. How will students be managed when they are at recess and during break times from class? It was noted by one of the neighbors who shares a common property line that often times the Foothills students would climb the fence and peer over, throw debris at her dogs, etc. There should be adequate outside supervision to avoid this behavior. Aside from the four neighbors at the meeting, staff received no comment from others in the area regarding the proposal. POSTING CERTIFICATION CASE NO. �6GL9 11 - D5 1 - hoi .MTi t FHo0tJt1C E > ' - - { - FfbL DEADLINE FOR WRITTEN COMMENTS: (name) residing at (address) as the applicant for Case No. 6 U.P- l 1 - JD5 hereby certify that I have posted the sign for Public Notice at 472 h I I.LER 5 - TREE1 (location) on this J — of 20 H_, and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below. Signature .v NOTE: This form must be submitted to the Community Development Department for is ca3� and will be placed in the applicant's case file. 5E 16 ,Su fa- / / -0S1 M J . eke) e. 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Pursuant to Ordinance No. 1291, an administrative special use review can be granted by the Community Development Director without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303 - 235 -2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on June 24, 2011. Thank you. SUPI 105.doc www. ci.wheatridge. co. us 5E 16 0 area I F I . 8 WSP -832 �- T v I R - 2 ° wZ Ba26 W 4] H PL L 5OUTHWE5T 5UB __ 0 R PRD t -" 1 .' RD AVE iTnsu� 44th 5TREET VILLAGE �. WSP -832 �- A -i R - 2 ° wZ Ba26 KIPLING 70 T C -1 WZ -8S97 L 5OUTHWE5T 5UB __ 0 R PRD t -" 1 .' RD SOUTH PTARMIGAN _ WEST PO FRONTAGE W.: r D F€ J WSP�2 $. J pP 1 ERUITD LE C_7� p• S AVE iTnsu� 44th 5TREET VILLAGE �. A -i R - 2 ,e -ia,,. WZ -8S97 L R -C R PRD t -" 1 .' LME PTARMIGAN Z' W.: AVE iTnsu� 44th 5TREET VILLAGE �. A -i PARK ,e -ia,,. WZ -8S97 L R -C R PRD t -" 1 .' PTARMIGAN Z' W.: W WZ -8— PRD WZ -]2 -7 CAMELOT CLUB APTS. R -3 N 3 Z Maml A -1 R -C C -i 1 d. Inl PL i WE "" 'UP—A_A WZ -8] ] 00-2 11 1 R•C - A -1 ' n UP ! w 92 C -1 �. A -i R -C R 3 t -" PRD J WSP�2 J 1 NEWGATE IN WHEAT RIDGE PCD ONYX PA K DEVEI PMEN7 A -i -- R , ° WZ -]2 -01 wz -9a11 wz -99-16 ' e PBF....:: Z -sss ,op� ,Doss W03R0AVE m 5E 21 OFFICIAL NE 21 MAP ZONING (DESIGNATES (DESI NATES OWN RSHIP) C WHEAT RIDGE — WATER FEATURE COLORADO DENOTES MULTIPLE ADDRESSES 100 -YEAR FLOOD PLAIN o loo 2� soo a0o �e� (APPROXIMATE LOCATION) u DEPARTMENT OF MAP ADOPTED: June 15, 1344. o o P e PLANNING AND DEVELOPMENT Last Revision: September W, 2001 Q Nm Y Q L (n > V �o$ 0 yU� d °o y n M OZ g'. U S �o 9 r w r n N N 4 , o ? N � N J J_ � 0 z LL LL <> �zs . ,:m r t 2 S x r w n LL Z of F: E9501 AM1VI u 0 o 0 M n N r r rr M r 5 � N N I I I o O m O m 0 m `* a r n N N 4 , o ? N � N J J_ � 0 z LL LL <> �zs . ,:m r t 2 S x r w n LL Z of F: E9501 AM1VI u 0 o 0 M n N r r rr M r 5 � N N I I I o O m O m 0 m `* a t 2 S x r w n LL Z of F: E9501 AM1VI u 0 o 0 M n N r r rr M r 5 � N N I I I o O m O m 0 m `* a o O m O m 0 m `* a Q ze ' yr� a �m0 w 0 } -0 L ° ° m J Q g J ° Om o° vex 0 a o �m °0a�OLL f � O a osso 7aa��g uosleN o V A w ° N O N m �° m 0 w o ZE 0 0 L 0 0 p �o m n r 0 v M _ z 0 w O w M w w ° M o ° " MEMORANDUM DATE: June 24, 2011 TO: Ms. Meredith Reckert, AICP —Senior Planner —City of Wheat Ridge FROM: Donna K. Newberg -Long, Ph.D. — Principal — Mountain Phoenix Community School RE: RESPONSE TO COMMENTS (Letter dated June 13, 2011) — SPECIAL USE PERMIT APPLICATION The following acknowledgements and responses follow upon the comments received in your offices from the several required experts and interests' attendant to the City of Wheat Ridge as it seeks findings and understanding of the several utility considerations and entitlement clarifications. On behalf of the Governing Council for MPCS, I'd like to thank you in advance for the professional handling and candid communications that have passed between us in the school's application for a 'Special Use Permit.' Arvada Fire Protection District: The property can be served by the Fire Department. Moreover, as well, we had a 'walk- through inspection' vis -a -vis with the Arvada Fire Marshall to accompany the application to the Dept. of Human Services Child Care Division for purposes of licensing our Preschool, Before & After School Care programs. Another walk- through occurred with the alarm system company (Mountain Alarm in the person of Mr. Ronald Wolff — Sales Engineer) who will provide the fire alarm system for the premises. Alarm service will continue anew in direct communication with the Arvada Fire Protection District. Xcel Energy: As there are no new facilities, there's no need for additional documentation. In existing facilities as is warranted and necessary in terms of renovations, all utilities will be identified and located prior to any construction as well as demolition, e.g., existing walls, sidewalk improvements, etc. The school will comply with any and all permit requirements for such renovations. Wheat Ridge Police Department: No crime prevention impact is mentioned by the Police Department. We would add that we have been well - served by visits made by the officers in responses onto the property when false alarms have occurred. The entirety of the School's facilities — all five buildings— has been "re- keyed" as per recommendations from all of the professional- security- minded resources and interests who have evaluated the buildings and grounds. CDOT: The Colorado Department of Transportation recognized that the Mountain Phoenix Community School — Wheat Ridge has ". . . no new request for access or work in the state right of way ...." As such, there isn't any comment by CDOT. This agency was kind enough to refer documentation sources should Mountain Phoenix contemplate a new request. Valley Water District: This utility advised that water to the premises is provided via a distributor's contract with the Denver Water Department — i.e., following the rules and regulations of that utility. As there are no new buildings or separate structures involved with this Special Use Permit Application, there's no need to seek additional, albeit separate, water tap /s, service lines or meter installation. Wheat Ridge Public Works: As was described at the Pre - Application meeting upon learning that the Special Use Permit Application would need to be responsive to the pre- existing Foothills Academy S.U.P., (i.e., and the previously specified occupancy of 250 students), Mountain Phoenix Community School — Wheat Ridge, in order to expedite the S.U.P. process, has determined that it will comply with/ and respect, its recently contracted /updated Traffic Study findings /outcomes whereat 250 students — respectful of the specific 10% allowable overage — is the stated limit. As future expansion is contemplated, it is understood that MPCS -Wheat Ridge will reapply with a revised SUP application and with a new /revised traffic study. NOTE: the site plan on file in your offices has been updated and re- labeled "future expansion" where it previously read "Gymnasium /Music Room." 1 As of this writing, there is no future strategic plan in place — formally approved by the MPCS Governing Council — that increases enrollment. MPCS has no knowledge or plans in place at this time specific to ' ' . the use of temporary classroom trailers on -site, the size, quantity, location and number of temporary trailers . . ." nor are there any compliance issues given such a potential re- application for an S.U.P such that it would require MPCS -Wheat Ridge to, "... comply with the City's Site Drainage Requirements ...." Future Plans: Moreover, it has been determined that financial sources will be consulted prior to the contemplation of any expansion of the school's enrollment. As is necessary for any Jeffco School, such planning will need to be reviewed and critiqued firstly by Jeffco Charter School executives prior to going forward. Any such Jeffco school expansion must be substantiated as being financially viable. The MPCS Governing Council has yet to contemplate such a future course of action. They have been busy. Quite honestly, moving onto the former Foothills Academy grounds, familiarizing its facilities' team with the operating components of five buildings, filing with the Colorado Department of Child Services for pre - school age and after - school care licensure, being responsive to the property owner's insurance and lease requirements, satisfying budgetary compliance regulations of the Jeffco School District, to say nothing of securing necessary student enrollment at 250, evaluating and recruiting appropriately trained elementary school teachers (i.e., Waldorf- trained & 'highly qualified'), forming new non - profit support groups, etc. has occupied a great deal of the Governing Council's time, energy and focus. As such, there isn't any proposal to construct new buildings, nor to locate temporary classrooms to the site, at this time. Page 1 of 1 Meredith Reckert From: Newberg -Long Donna K [DKNEWBER @jeffco.kl2.co.us] Sent: Sunday, June 26, 2011 9:12 AM To: Meredith Reckert Cc: tim long; dividedesign @nedernet.net; liveshot44 @aol.com; mbevirt @gmail.com; mrummel @gmail.com Subject: Response to Comments for SUP App Attachments: S.U.P. MEMO M. Reckert. Questions Responses.06.24.11.doc Good Morning Meredith, Attached is our response to the comments from you regarding the SUP for Mountain Phoenix Community School dated June 13, 2011. We trust these responses will be sufficient for you to make your determination of our SUP. We are so appreciative of your help in expediting this process for the school. We plan to be an asset to your community as we provide excellence in education and school choice for the City of Wheat Ridge. Please let us know as soon as possible when the status of our SUP is completed. Best wishes, Donna Newberg -Long Principal 6/27/2011 City of Wheat�dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 °i Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 June 13, 2011 Donna Newberg -Long Mountain Phoenix Community School 10661 Utrillo Lane Northglenn, CO 80234 Dear Ms. Newberg -Long This letter is in regard to your request for approval of a Special Use Permit to operate a public charter school at 4725 Miller Street. Your request was sent out for referral and the following are comments received: Arvada Fire Protection District: Through a voice mail message from Steve Steigleder on June 10, 2011, it was indicated that the property can be served. Xcel Energy: See attached correspondence fr om Donna George dated June 8, 2011. Wheat Ridge Police Department: See correspondence from James Cohen dated May 26, 2011. CDOT.• See attached correspondence from Bradley Sheehan dated June 2, 2011. Valley Water District: See attached correspondence from robbery Arnold dated June], 2011. Wheat Ridge Public Works: See attached comments from Dave Brossman dated May 27, 2011. OTHER 1. With regard to Mr. Brossman's comments, the planning staff would point out the traffic study limits the number of students with this request to 250. If this number increases by more than 10 %, a revised SUP application with supporting documents (ie, revised traffic study) will be required. This would also be true if additional structures are proposed for the site. In light of that, no revisions need to be made to the application documents. 2. On the proposed site plan, please label the gymnasium /music room as a future condition. Please make the requested modification to the site plan and resubmit two 11" x 17" copies for our review. Because minimal changes are required, the public noticing period starts on Wednesday, June 15 and ends on Friday, June 24, 2011. If you have any questions, feel free to contact me at 303 - 235 -2848. Sincerely, Meredith Reckert, AICP Senior Planner www.ci.wheatridge.co.us Xce/ Energysm PUBLIC SERVICE COMPANY June 8, 2011 City of Wheat Ridge Community Development 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Attn: Meredith Reckert Right of Way & Permits 1123 West 3' Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303.571.3824 Re: Mountain Phoenix Community School, Case # SUP -11 -05 Public Service Company of Colorado (PSCo) has reviewed the plans for Mountain Phoenix Community School and has no conflict with this Special Use Permit. As the project progresses, the developer must contact the Builder's Call Line at 1- 800 -628- 2121 and complete the application process for any new gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1- 800 - 922 -1987, to have all utilities located prior to any construction. If you have any questions about this referral response, please contact me at (303) 571- 3306. Thank you, Donna George Contract Right of Way Processor Public Service Company of Colorado e City of r Wheatdge POLICE DEPARTMENT Memorandum TO: Meredith Reckert, Community Development Case Manager FROM: James Cohen, Crime Prevention Sergeant DATE: May 26, 2011 SUBJECT: Community Development Referral: SUP- 11- 05/Mountain Phoenix School Upon review of this Special Use Permit, I noted no crime prevention impact to the Wheat Ridge Police Department. jc Page 1 of 1 Meredith Reckert From: Sheehan, Bradley [Bradley .Sheehan @dot.state.co.us] Sent: Thursday, June 02, 2011 1:35 PM To: Meredith Reckert Subject: REVISED 049111 SUP -11 -05 PRIVATE SCHOOL 4724 MILLER STREET 1 -70 FRONTAGE ROAD CITY OF WHEATRIDGE STATE OF COLORADO r DEPARTMENT OF TRANSPORTATION Access /Utilities Permits Roadside Advertising Denver, Colorado 80222 303 -512 -4272 FAX 303 -757 -9886 June 2, 2011 City Of Wheat Ridge Meredith Reckert 7500 West 29 Avenue Wheat Ridge, Colorado 80033 Dear Meredith: RE: SUP -11 -05 PRIVATE SCHOOL 4724 MILLER STREET I -70 FRONTAGE ROAD CITY OF WHEATRIDGE Thank you for referring the proposal for our review. There is no new request for access or work in the state right of way. As a result we have no comment on the proposal. If any work is requested, to obtain permission to construct within state highway right -of -way, a Utility /Special Use Permit is required. Please visit our website at n1 /u �lau dgtsta`� c : u� iit�il+ r g� lr Ilio?:Qss cf'trl, or obtain the application through this office. If you have any questions, please contact me at 303 -521 -4271. Sincerely, Bradley T. Sheehan P.E. 6/2/2011 06/01/11 WED 09:55 FAX 303 424 0828 VALLEY WATER DIS VALLEY WATER DISTRICT 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80033 June 1, 2011 Meredith Reckert City of Wheat Ridge 7500 W. 29P Avenue Wheat Ridge, CO 80033 Dear Meredith. T6i,M 303 -424 -9661 FAX 303 -424 -0828 F In reference to Project #SUP- 11 -05, Mountain Phoenix Community School, Valley Water District has reviewed the inquiry and offers the following comments: 1. Valley Water District currently provides service to the above mentioned facility 2. Valley Water District is supplied water through a distributors contract with the Denver Water Department and must follow Denver Water operating rules and regulations. The District must also follow all Denver Water mandates with regard to drought and conservation that may be imposed. 3, Any new, separate building structures will require a separate water tap, service line and meter. The owner will be responsible for the cost of the taps, service lines and meter installation. If you have any further questions, please feel free to contact myself or Kathy Kadnuck, Office Manager at 303 -424 -9661. Sincerely, rim Robert Arnold I9IL- District Manager e '® City of Wheatljc] Te PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: May 27, 2011 SUBJECT: SUP- 11- 05/Mountain Phoenix Community School I have completed the review of the Special Use Permit request received on May 27, 201, for the Mountain Phoenix Community School located at 4725 Miller Street, and I have the following comments: The proposal does not adequately address the number of students anticipated for the initial and future student enrollment as previously discussed at the Pre - Application Meeting. The Letter of request must state the following: a. The maximum anticipated student enrollment for the 2011 -2012 school year. b. If the enrollment increases above the 250 threshold identified in the previously accepted Final Development Plan, a Traffic Impact Study shall be provided to the City for review and approval. c. If the current student enrollment is such that they will require the use of temporary classroom trailers on -site, the size, quantity, location, and number of the temporary trailers must be stated. d. A brief statement of what their future plans are, i.e., if enrollment increases to a point where additional classroom buildings are to be constructed that the proposed addition(s) shall comply with the City's Site Drainage Requirements. 2. If they are not proposing to construct any new buildings at this time they need to cross -out the "Proposed Gymnasium" on the Site Plan they are including with this SUP request. Mt Phoenix Community School (05- 27- 11).doc , �r City Of Wheat Rdge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer KItl DATE: May 27, 2011 SUBJECT: SUP- 11- 05/Mountain Phoenix Community School I have completed the review of the Special Use Permit request received on May 27, 201, for the Mountain Phoenix Community School located at 4725 Miller Street, and I have the following comments: The proposal does not adequately address the number of students anticipated for the initial and future student enrollment as previously discussed at the Pre - Application Meeting. The Letter of request must state the following: a. The maximum anticipated student enrollment for the 2011 -2012 school year. b. If the enrollment increases above the 250 threshold identified in the previously accepted Final Development Plan, a Traffic Impact Study shall be provided to the City for review and approval. c. If the current student enrollment is such that they will require the use of temporary classroom trailers on -site, the size, quantity, location, and number of the temporary trailers must be stated. d. A brief statement of what their future plans are, i.e., if enrollment increases to a point where additional classroom buildings are to be constructed that the proposed addition(s) shall comply with the City's Site Drainage Requirements. 2. If they are not proposing to construct any new buildings at this time they need to cross -out the "Proposed Gymnasium" on the Site Plan they are including with this SUP request. To Mere - Mt Phoenix Community School (05- 27- 11).doc MouwtaLw T>koev,ix Covv_vv<uvdtU SchooL 113 92 RAvLok ELS%t Rd., c CO 20403 303- 642 -7634 phovit 303- 642 -2455 fPY Letter of Request To Whom It May Concern, It is the intention of Mountain Phoenix Community School to provide an arts - based, tuition free, charter school inspired by Waldorf Education in the 21" Century at 4725 Miller Street in Wheat Ridge beginning in August. This PreK -8` grade school will be an extension of the existing school in Coal Creek Canyon. Families from the Wheat Ridge area came to Mountain Phoenix and asked if the school might consider bringing this unique education to families in the Wheat Ridge and surrounding communities. The Coal Creek School is too long a drive for families on the Front Range to make each day. In response to this request, we are proposing to satellite our Charter to a second campus in Wheat Ridge at the former Foothills Academy School near to the I -70 — Kipling interchange. The `Satellite' School — Mountain Phoenix Community School -Wheat Ridge — is on schedule to open for classes in August 2011, commencing its already approved funding- budget by the Jefferson County School District's Board of Directors. The first funding installment from Jeffco School District will take place as of July 1, 2011. First, however, we must get approval for the Special Use Permit to commence as planned It is incumbent upon Parents to be actively involved from the initial commitment signing their children up; to accountability throughout the school year that imbues their students with a most unique public education experience in a private - school environment. Strong academic curriculum within classical liberal arts education is a proven formula to foster creativity and imagination. Above all, it teaches students how to think which bodes well in competitive public - required standardized testing. Conditional Use Permit — A -1 Zoning for Public & Private School Use There will be no change to the site or in the use of the site, formerly known as Foothills Academy. All five (5) buildings will remain in use just as they have been. To this end, they have been evaluated, personally, for suitability by Mr. Tim Reed — Director, Capital Programs Facilities Planning at Jeffco Public Schools Facilities Planning & Construction Division. At the end of his extensive 2 -hour evaluation/inspection, Mr. Reed said, "...There's nothing to preclude Mountain Phoenix from using this school for its intended purposes and taking advantage of this opportunity...." (April 1, 2011). MPCS —Wheat Ridge has already fostered a strong parent pool of support in order to successfully achieve survivability and maintenance of its schools. Parents will be assured that MPCS can comfortably continue the legacy of a school site that's been in existence on this property for 27 years (since 1984). Most convincingly, this location has significant social benefits — educating children to a high standard. Mountain Phoenix will continue this legacy forward providing a tuition -free, public charter school inspired by Waldorf education in the 21' Century. Sincerely, r Donna Newberg -Long, Ph O i� Principal, Mountain Phoenix Community School www.MountainPhoenix.org LSC TRANSPORTATION CONSULTANTS, INC. 1889 York Street Denver, CO 80206 (303) 333 -1105 FAX (303) 333 -1107 E -mail: lsc @lscdenver.com May 12, 2011 I IC. Ms. Donna Newberg -Long Mountain Phoenix Community School 11398 Ranch Elsie Road Golden, CO 80403 Re: MPCS Wheat Ridge Campus Wheat Ridge, CO (LSC #001570) Dear Donna: We are pleased to submit our report of the traffic impacts of the proposed Mountain Phoenix Community School (MPCS) Wheat Ridge Campus in Wheat Ridge, Colorado. This report is a revision of our October 15, 2001 study for the Foothills Academy, which was a K -12 school with an enrollment of 232 students. The MPCS Wheat Ridge Campus will have an enrollment of 250 students in grades pre -K to 8. This study first provides a summary of existing traffic conditions in the vicinity of the proposed site. It then provides estimates of the amount and directional distribution of traffic that will be generated by the proposed expansion as well as estimates of existing plus project - generated traffic volumes on the surrounding road system. Estimates of Year 2031 background and total traffic are also provided. Finally, the impacts of the project's generated traffic are evaluated and recommendations are made regarding roadway improvements. Site Location and Proposed Use The project site is located on the southwest comer of the intersection of Miller Street with the 1 -70 South Frontage Road in the City of Wheat Ridge, Colorado, as shown in Figure 1. The parking lots and access drives are depicted on the aerial in Figure 2. MPCS Wheat Ridge Campus is a charter school that will serve 250 students in grades pre-K to 8. Grades 6 - 8 will start school at 8:15 AM, while the rest of the students will start at 8 :30 AM. All grades will end at 3:30 PM, with about 20 involved in after school activities. Pre -K and Kindergarden will be split in morning and afternoon sessions. Existing Roadway Characteristics At the existing site, there are four access drives. There are entrance and exit drives on the I -70 South Frontage Road on the north side of the property. The other accesses serve a parking lot on the east side of the school along Miller Street. The north parking lot has a one -way drop -off/ Ms. Donna Newberg -Long Page 2 May 12, 2011 pick -up lane. The entrance to the east parking lot is located approximately 95 feet south of the I -70 South Frontage Road with the exit located approximately 140 feet south of the entrance. The exit for the parking lot and one -way drop -off is a two -lane exit for making either left- or right - turns. Figure 3, enclosed, illustrates the site location relative to the surrounding roadway system. Figure 3 also illustrates the existing lane geometry and traffic control at the inter- section of the I -70 South Frontage Road with Miller Street, the I -70 South Frontage Road with the parking lot on the north side of the school property, and Miller Street with the entrance and exit on the east side of the school property. Both Miller Street and the I -70 South Frontage Road are paved two -lane roads. Miller Street runs north and south while the 1 -70 South Frontage Road runs east and west. At the "I° intersection of the I -70 South Frontage Road with Miller Street, all approaches contain one lane. Existing and Future Background Traffic Figure 3 also illustrates existing peak -hour intersection turning movement traffic volumes in the vicinity of MPCS Wheat Ridge Campus. These traffic counts were conducted in conjunction with the previous traffic study in September 2000 by Counter Measures, Inc. Printouts of all count data are contained in Appendix A. To obtain 2011 base traffic volumes without school traffic, the turning traffic into the school's access drives was subtracted from the traffic counts, and the remaining volumes increased by a factor of 1.24, or two percent per year for 11 years. The resulting base traffic, without school traffic, is shown in Figure 4. Based on discussions with City of Wheat Ridge staff during the previous traffic study, it was anticipated that the traffic volumes in the vicinity of MPCS Wheat Ridge Campus will grow by about two percent per year. This annual growth corresponds to a 31 -year growth factor of about 1.85. This factor was applied to the 2000 through movements on Miller Street and the I -70 South Frontage Road at their intersections with the access points. This factor was applied to all the movements at the intersection of the I -70 South Frontage Road with Miller Street. These volumes are shown on Figure 5 as Year 2031 Background Traffic. The background traffic is the future traffic volume on the area roadways without the expected traffic generated by MPCS and forms the basis for evaluating the impacts that traffic generated by the proposed MPCS Wheat Ridge Campus will have on the surrounding roadway system. Estimated Traffic Generation The MPCS Wheat Ridge Campus will have 196 students in Grades 1 - 8 and 54 students in pre -K and K. The amount of traffic that will be generated has been estimated based upon trip generation rates published by the Institute of Transportation Engineers (ITE) in the 8' Edition, 2008, of Y}ip Generation. The results of the analyses are shown in Table 1. As indicated, the proposed MPCS Wheat Ridge Campus is expected to generate 109 vehicle -trips entering and 91 trips exiting during the morning peak period. During the afternoon peak period, the school is expected to generate 66 entering vehicles and 75 exiting vehicles exiting from the school's access drives. Ms. Donna Newberg -Long Page 3 May 12, 2011 Estimated Traffic Distribution and Assignment Based on the distribution of existing traffic, about five percent of the traffic will be oriented to and from the west on the I -70 South Frontage Road, 70 percent will be oriented to and from the east on the I -70 South Frontage Road, and the remaining 25 percent will be oriented to and from the south on Miller Street. These traffic distribution estimates are shown on Figure 6. Application of these percentages to the peak -hour trip generation estimates of Table 1 yields the intersection traffic assignments shown on Figure 7. Note that the pre -K and K students will be dropped off and picked up in the east parking area while the rest of the students will use the north parking area and drop - off /pick -up lane. The staff will he split between the two parking areas. Finally, Figures 8 and 9 illustrate existing plus project - generated and 2031 total traffic volumes, respectively, which are the combination of background (Figures 4 and 5) and project- generated (Figure 7) traffic. Capacity Analyses In order to assess the impacts of the proposed MPCS Wheat Ridge Campus, related capacity analyses have been performed which compare the base traffic and future background traffic operating conditions (Figures 4 and 5) with those reflecting the addition of project - generated traffic (Figures 8 and 9). Additionally, capacity analyses have been performed for the existing traffic volumes at the existing intersections and access points. The methodology used is that presented in the 2000 edition of the nationally accepted Highway Capacity Manual published by the Transportation Research Board of the National Academy of Sciences. The concept of Level of Service (LOS) is used as a basis for computing combinations of roadway operation conditions. By definition, six different Levels of Service are used (A, B, C, D, E, and F) with "A" being a relatively free -flow condition and "E° representing the "capacity" of a given intersection or traffic movement. Table 2 summarizes the results of our LOS analyses. Appendix B contains output from the Synchro 6 software, which uses the 2000 Highway Capacity Manual methods. Because of the relatively low existing and future background traffic volumes, there are no significant existing or anticipated problems with the Level of Service of any of the intersections. The lowest Level of Service on any of the movements is anticipated to be LOS "B", considered "very good", with or without the addition of project - generated traffic during both peak -hours through Year 2031. Pick- UNDroo -Off Vehide Storage Capacity One of the important things for a school to have for efficient operation is the capacity to temporarily store all the vehicles who are dropping off and picking up students. The most critical times for needed storage is during the peak -hours of the school operation (or when the school is generating the most trips into and out of its parking lots). The morning peak -hour for the school generally coincides with the peak -hour for traffic on the adjacent streets while the Ms. Donna Newberg -Long Page 4 May 12, 2011 afternoon peak -hour for the school generally occurs about one hour before the evening peak - hour for adjacent street traffic. After the proposed MPCS Wheat Ridge Campus is in operation, the total number of trips into and out of the north parking lot during the morning peak will be about 76 and 63, respectively. It can be assumed that the difference between the two (13) will be the number of vehicles that are parking in marked stalls for an extended amount of time with the number exiting (63) being vehicles that are dropping off students. Assuming that the 63 vehicles arrive over a period of 20 minutes, this yields an arrival rate of about 4.8 vehicles per minute (72 vehicles over 20 minutes). Additionally, it is assumed that the average service time (time for dropping off a student) is about 15 seconds, so a total of four vehicles per minute can be serviced during the morning period. Table 3 shows the calculations used for obtaining the morning queue length using a Poisson distribution. The queuing analysis indicates that a storage length of 12 vehicles (about 300 feet) will accommodate the arriving and departing vehicles about 95 percent of the time. While the drop- off /pick -up lane is about 225 feet, which would accommodate nine vehicles, circulation through the west parking lot could add another 200 feet of storage for as many as eight vehicles. In the afternoon peak -hour for the school (about 3:00 to 4:00 PM), it is assumed that about 46 vehicles arrive at the north parking lot over 15 minutes yielding the arrival rate of 3.17 vehicles per minute. The evening service time for picking up students is assumed to be about 30 seconds (or two vehicles per minute). Table 4 shows the calculations used for obtaining the afternoon queue length using a Poisson distribution. The queuing analysis indicates that a storage length of 11 vehicles (about 275 feet) will accommodate the arriving and departing vehicles about 95 percent of the time. Interstate 70 Frontage Road Access The Interstate 70 Frontage Road adjacent to the site is classified as Category F -R by the Colorado Department of Transportation. Items 2 and 3 of Section 3.14 of the Colorado State Highway Access Code state the following: ...one access shall be granted to each parcel...additional accesses will be granted if the additional access would notknowingly cause a hardship to an adjacent property orinter- fere with the location, planning, and operation of the general street system, and would be in compliance with code design. Additional access will be granted if the size or trip generation potential of the parcel of land requires additional access to maintain good design. One full movement intersection and one exit -only intersection with the I -70 Frontage Road serve the site. As indicated on Table 2, traffic operations at the proposed access intersections with I -70 and at the intersection of 1-70/Miller Street are expected to be "very good", according to Highway Capacity Software classifications, at Level of Service `B" or better. The proposed second access will also allow for inclusion of a one -way student drop -off/ pick -up design that can effectively process the concentrated traffic volumes associated with the beginning and end of the school day. This design will help to alleviate congestion during peak - hours. Ms. Donna Newberg -Long Page 5 May 12, 2011 At the full movement access on the north side of the property, there will be a high of 72 west- bound left -turns into the access during the morning peak-hour- Item 4a of section 3.13 of the Colorado State Highway Access Code states the following: A left turn lane with storage length phis taper length is required for any access with a projected peak -hour left ingress turning volume greater than 25 apt. However, projected Year 2031 traffic volumes indicate that these left -turns will be opposed by 99 and 66 eastbound through and right- turning vehicles during the AM and PM peak- hours, respectively. According to Item 5 of Section 3.5 of the Colorado State Highway Access Code "The auxiliary lanes required in the category design standards may be waived when the 20' year predicted roadway volumes conflicting with the turning vehicle are below the following minimum volume thresholds....' `...The left turn deceleration lane may be dropped if the opposing traffic is predicted to be below 100 DLW .." Given this criteria, the westbound left -turn at the full movement access on the north side can be waived and is not required for the school. The highest number of right -turns at the full movement access on the north side is projected to be four vph during the morning peak. Referring to Section 3.13 of the Colorado State High- way Access Code, which discusses criteria for frontage roads, Item 4b states the following: A right turn lane with storage length phis taper length is required for any access with a projected peak -hour right ingress turning volume greater than 50 vph Again, the threshold stated above is lower if the speed is higher. Under this criteria, there is no need for a right -turn deceleration lane at the full access on the north side of the school property. The highest number of right -turns leaving the Exit Only access on the north side of the school property is 66 vph during the morning peak. Item 4c of section 3.13 of the Colorado State High- way Access Code states the following. A right -turn acceleration lane with taper is required for any access with aprojected peak - hour right- turning volume greater than 50 vph when the posted speed on the highway is greater than 40 mph and the highway has only one lane for through traffic in the direction of the right turn. However, Section 3.5(5) states that 'The auxiliary lanes required in the category design standards may be waived when the 20' year predicted roadway volumes conflicting with the turning vehicle are below the following minimum volume thresholds... A `...The right -turn deceleration lane may be dropped if the adjacent traveled lane is predicted to be below 120 D.HV . Ms. Donna Newberg -Long Page 6 May 12, 2011 Since the adjacent travel lane will be below 120 vph during both peak periods, no acceleration lane is required. CDOT issued an access permit in December, 2001 for the new access to the Foothills Academy parking lot along the I -70 Frontage Road. The permit allowed for 65 vehicles per hour. The MPCS will increase this to 76 vehicles per hour_ Section 2.6(3) of the Colorado State Highway Access Code allows minor modifications of an access as long as it "does not increase the proposed vehicle volume to the site by 20 percent or more". In this case, a 20 percent increase is 78 vehicles, so the MPCS would be under this threshold. Although Miller Street is a City street, this report uses the Colorado State Highway Access Code to make recommendations for the need for any possible auxiliary lanes at its intersection with the Enter Only access on the east side of the school property. Miller Street is assumed to be classified as NR -C -- Non -Rural Arterial. Items 4a and 4b of Section 3.12 (which discusses the NR -C category) of the Colorado State Highway Access Code are identical to Items 4a and 4b (both quoted above) of Section 3.13. The southbound right -turns and northbound left -turns at the entrance that intersects with Miller Street on the east side of the school have a high peak - hour volume of 25 and 8, respectively. Given these criteria, Miller Street does not require any auxiliary lanes at its intersection with the Entrance Only access on the east side of the school. Conclusions and Recommendations Based upon the foregoing analyses, the following conclusions and recommendations can be made concerning the traffic impacts of the proposed MPCS Wheat Ridge Campus: 1. The MPCS Wheat Ridge Campus is proposed to have an enrollment of 250 students, with 195 students in Grades 1 - 8 and 54 students in pre-K and Kindergarten. 2. Vehicle -trip generation will be such that approximately 109 vehicles will enter and 91 will exit during the morning peak -hour of adjacent street traffic. During the evening peak period, 66 vehicles will enter and 75 vehicles will exit during the evening peak - hour of adjacent street traffic. 3. Because of the relatively low existing and future background traffic volumes, there are no significant existing or anticipated problems with the Level of Service of any of the intersections. The lowest Level of Service on any of the movements is anticipated to be LOS "B ", considered "very good", with or without the addition of project - generated traffic during both peak -hours through Year 2031. 4. The existing parking lot /drop -off area on the north side will provide storage for about nine vehicles. There is also room for about eight vehicles to queue in the west parking lot. Based on our queuing analysis, this provides ample storage for vehicles dropping off students in the morning and picking up students in the afternoon. Ms. Donna Newberg -Long Page 7 May 12, 2011 5. The parking lot on the north side of the play field will be used so as to accommodate parking needs for evening events and overflow parking at times when the storage length is exceeded on the north side lane. 6. The proposed MPCS will increase the traffic volumes at the site's access drives slightly compared to the Foothills Academy evaluated in October, 2001, but no additional improvements will be necessary. In addition, the site access volumes on the I -70 Frontage Road will still be within the limits of a minor modification as allowed by the CDOT access permit issued in December, 2001. The traffic impacts of proposed MPCS Wheat Ridge Campus can be accommodated by the existing roadway system with the recommendations stated herein. We trust that this information will assist you with further planning for the proposed expansion of the MPCS Wheat Ridge Campus. Please call if we can be of further assistance. Respectfully submitted, LSC USA e ` ;I 1 d�fi� Z �a .3,e a o Inc. Alex J. Ariniello, P.E., PTOE AJA /wc Enclosures: Tables 1 - 4 Figures 1 - 9 Traffic Counts Capacity Analyses G: \LSC \Projects \2011\ 11 0280\ Repoli \D2- MPCS- WhmtRidgeC=pus.wpd M N Y! (O T A 3 0 O Q Y W W � T 40 a G EL O 0 0 OD T 0 O! w 00 w = W U Y IL w o v c Q 0 0 rn c 3 M N o O O W _ R O z N a N N o U O 0 2 c - O w � d �+ 3 G � a O. O r W E a O N W rn co y Z R U O c o w W= O o o N v ♦ W d V O R () Y w C w LL O � o o H .0 c Q = F� NON °D d jR O d _ T �j 10 # u D a w F U m t a W 14 42 o a 2 C7 ? co (A (A H Y co sr p —N 01 �O W O G o U .w to d C w W U o ? Q Sao CIJ c co O o W v Lo C7 W VM ?zz U to I— w W 'O '6 N w W G Cl W m (1) (L z° C%l cl) Table 2 Intersection Levels of Service Analysis Mountain Phoenix Community School Wheatridge, Colorado (LSC #110280; May, 2011) 2011 Existing 2011 2031 2031 Traffic (v&wud Schooq Total TMITIC Background Traffic Total Traffic Level of Level of Level of Level of Level of Level of Level of Level of Traffic Service Service Service Service Service Service Service Service Intersection Location Control AM PM AM f M AM PM AM PM 1 -70 S. Frontage RdJ West entrance Unsignar¢ed NB _ _ WB _ _ A A A A Critical Movement Delay (EB L) - - 7.8 7.3 - - 8.0 7.4 1 -70 S. Frontage RdJEast ex d Unsignalized NB - - A A - - B - NBR _ _ A A - - A A Critical Movement Delay - - 9.5 9.5 - - 10-1 8'9 1 -70 S. Frontage RdJMiller St. Unsignalized NB A A B A A A B A WBL A A A A A A A A Critical Movement Delay (NB) 9.8 9.5 10.1 9.0 9.8 9.0 11.6 9.3 Miller Stleast parking entrance Unsignalized NB - - A A - - A A Critical Movement Delay (EB R) - - 7.8 7.3 - - 7.9 7.4 Miller St./ east parking exit Unsignalized EBL - - B A - - B A EBR - - A A - - A A Critical Movement Delay (NB L) - - 10.3 9.1 - - 112 9.4 Table 3 Morning Pick -up & Drop -off Queuing Analysis Single - Channel Queue Mountain Phoenix Community School School parking lot Assumed Service Rate = 4 (veh. /min.) Arrival Rate = 189 (veh. /hr.) = 3.15 (veh. /min.) Traffic Intensity = arrival rate (vpm) /service rate (vpm) Traffic Intensity = 0.7875 Average Queue Length = 2.9 (veh.) Probability Calculations Intensity Avg. queue Enter>> 0.7875 2.92 P(N) P(x =N) P(x < =N) P(N) P(x =N) P(x < =N) 0 0.213 0.213 23 0.001 0.997 1 0.167 0.380 24 0.001 0.997 2 0.132 0.512 25 0.001 0.998 3 0.104 0.615 26 0.000 0.998 4 0.082 0.697 27 0.000 0.999 5 0.064 0.761 28 0.000 0.999 6 0.051 0.812 29 0.000 0.999 7 0.040 0.852 30 0.000 0.999 8 0.031 0.884 31 0.000 1.000 9 0.025 0.908 10 0.019 0.928 11 0.015 0.943 12 0.012 0.955 13 0.010 0.965 14 0.007 0.972 15 0.006 0.978 16 0.005 0.983 17 0.004 0.986 18 0.003 0.989 19 0.002 0.992 20 0.002 0.993 21 0.001 0.995 22 0.001 0.996 Provide parking postions for 12, Vehicles at a level of confidence of 95 percent. Source: Traffic & Transportation Engineering Handbook, Second Edition, Page 461 Table 4 Afternoon Pick -up & Drop -off Queuing Analysis Single- Channel Queue Mountain Phoenix Community School School parking lot Assumed Service Rate = 4 (veh. /min.) Arrival Rate = 184 (veh. /hr.) = 3.0667 (veh. /min.) Traffic Intensity = arrival rate (vpm) /service rate (vpm) Traffic Intensity = 0.7667 Average Queue Length = 2.5 (veh.) Probability Calculations Intensity Avg. queue Enter>> 0.7667 2.52 P(N) P(x =N) P(x < =N) P(N) P(x =N) P(x < =N) 0 0.233 0.233 23 0.001 0.998 1 0.179 0.412 24 0.000 0.999 2 0.137 0.549 25 0.000 0.999 3 0.105 0.655 26 0.000 0.999 4 0.081 0.735 27 0.000 0.999 5 0.062 0.797 28 0.000 1.000 6 0.047 0.844 7 0.036 0.881 8 0.028 0.908 9 0.021 0.930 10 0.016 0.946 11 0.013 0.959 12 0.010 0.968 13 0.007 0.976 14 0.006 0.981 15 0.004 0.986 16 0.003 0.989 17 0.003 0.992 18 0.002 0.994 19 0.001 0.995 20 0.001 0.996 21 0.001 0.997 22 0.001 0.998 Provide parking postions for 11 Vehicles at a level of confidence of 95 percent. =Source c & Transportation Engineering Handbook, Second Edition, Page 461 9 O d, t n 3 X n 0 3 n s 0 0 n O� s x. yz 4 F4 ae'�gro.3 ho y s s - a s s r ev a g/ ea " ay i Two MWW c ? 8 D A S r {K E TOY 9 O d, t n 3 X n 0 3 n s 0 0 n O� s x. y 4 F4 Kiplin�$t. " z TOY t V via y o s 0 , �m ry �% { -. � " i 4 °' '"�3.>•7 a c � s fY xis T. v w swvn�Nm 'ne�un uavyar. m "Im � � n m u o 0 � D O a _ T. S � p a► I 0 �►O AIOi S N p► p ° ° a►o , as _ o►, � m a v Miller St mIJJ � N m I 0 k St � IJ O 3 0 ° CD c r"F rn w w 3 1 r 3 1� y o �. W JA'I YlAN11/ISA'O.J I�OIl Yl1Y0i5MML c� z mm 0 0 O O as n n alm �� 4 I m mffi fSL o�m NIN 10IJ m�N KpImg St 3 0 m s 0 x x 0 3 3 3 n o � m n - � CA JNI Y1NY1l/ISNOJ NOIIY.IMCtlSATYI. 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N I 6 NIA ❑ ❑ F F 0IJ �b J ❑ ❑ p � tjW 1 n M a n m I U " Nlm � a ol0 z 1 Miller St v slm RN, J Jlm �IJ GI J L NI4 m 0 d IGplifg St 3 c w S 3 O 3 � 0 n o ` O ��• l _, f� ❑ p_G pr Page 1 of 1 Meredith Reckert From: Steve Art Sent: Tuesday, May 31, 2011 11:13 AM To: Meredith Reckert Cc: Patrick Goff Subject: SUP -11 -05 Meredith, The Referral Form you sent regarding the Mountain Phoenix School to the Renewal Wheat Ridge board will not be forwarded to our Board. I've reviewed the map and the project is just outside the boundaries of that plan. Only the 1 -70 frontage road comes near the project. Thanks Steve :art Economic Development & Urban Renewal Manager Direct: 303- 235 -2806 Cell: 720 -454 -9040 Fax: 303- 235 -2806 7500 W. 20th Avenue Wheat Ridee. Colorado 80033 WWNV.Ci.WheiIridge.co.us City Of heat1 �c CITY MANIA0 a,s (7MCI CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 6/1/2011 City of 6 W atRjdge COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: May 26, 2011 Response Due: June 10, 2011 The Wheat Ridge Community Development Department has received a request for approval of a Special use Permit to allow a public charter school on property zoned A -1, Agriculture -One, and R -2A, Residential -Two A, located at 4725 Miller Street. The purpose of the special use permit is to convert the former private school campus to a public school. No site modifications are proposed at this time. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: SUP -11 -05 /Mountain Phoenix Community School Request: Approval of a Special Use Permit for property .736 acres in size. The purpose of the plat is for modification of the existing structure plus site improvement . Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Ema il: mr AT &T Broadband Valley Water District Fruitdale Sanitation District Xcel Energy Qwest Communications Colorado Department of Transportation Arvada Fire Protection District Wheat Ridge Building Dept. Renewal Wheat Ridge Wheat Ridge Public Works Wheat Ridge Police "The Carnation City WSMSSM SI - The Carnation Cit)" DEED IN LIEU OF FORECLOSURE AGREEMENT This Deed in Lieu of Foreclosure Agreement ( " Agreement ") is entered into as of 2011 (" Effective Date ") among Foothills Academy, a Colorado nonprofit corporation ( "Foo ills'% UMB Bank, N.A., a national banking association, as bond trustee ( " UMB Bank ), FI Nominee LLC, a Colorado limited liability company ( " Nominee ") and Dennis F. Coughlin in his representative capacity ( " Coughlin ") (collectively the "Parties"), RECITALS A. Pursuant to a Limited Offering Memorandum dated August 28, 2002, the Colorado Educational and Cultural Facilities Authority ( "CECF ") issued Series 2002 Bonds, in the principal amount of $3,000,000.00 ( " Bonds "), under an Indenture of Trust (the " Indenture '), dated September 1, 2002 by and between CECFA and The Bank of Cherry Creek, acting as bond trustee for the equal benefit, protection, and security of the bond holders ( "go rid nl a s "), UMB Bank is the successor -in- interest of The Bank of Cherry Creek. B, CECFA loaned Foothills the proceeds of the sale of the Bonds (the "Loan"), as evidenced by a Loan Agreement (the " Loan Agreement ") and a Promissory Note (" o e' ), in the principal sum of $3,000,000.00, both dated September 1, 2002. C. The Loan is secured by a Deed of Trust, Security Agreement, Fixture Filing and Assignment of Rents and Leases, dated September I, 2002 ( " Deed of Trust /Security Agreement recorded on September 6, 2002, in Jefferson County, Colorado, at Reception No. F1560200, encumbering, Inter alia, all of Foothill's present and future estate, right, title and interest in Foothill's improved real property located at 4725 West Miller Street, Wheat Ridge, Colorado, legally described as ( " Real Property "): Lot 1, Foothills Academy Subdivision - Final Plat, County of Jefferson, State of Colorado. and the improvements, easements, leases, rents, and other collateral property and interests located on or used in connection with the Real Property, and further together with all of Foothill's right, title, and interest in the tangible property located on or used in connection with the Real Property (the " Personal Prolle y "), as more particularly described in the Deed of Trust/Security Agreement and in the UCC Financing Statement filed with the Colorado Secretary of State on September 1, 2002, at Reception No. 20022094466, and continued on May 8, 2007 ( " FSnancing Statement The Real Property and Personal Property are referred to collectively in this Agreement as the ")?roper D. The Loan Agreement, Note, Deed of Trust/Security Agreement, and Financing Statement (the " Loan Documents and the Indenture are incorporated by reference in this Agreement, E. Foothills defaulted on the Loan Agreement and Note by, among other acts, failing to make payments when due and admitting in writing its inability to pay its debts generally as they become due. All applicable cure periods have expired. F. After Foothills' default, Bond Holders holding 100% of the outstanding principal amount of the Bonds, acting pursuant to Article 9 of the Indenture, designated Coughlin as their representative to exercise on their behalf the post - default rights granted to them under the Indenture. As a party to this Agreement, Coughlin is not acting in his individual capacity, but rather as the designated representative of the Bond Holders. G. Acting upon the direction of Coughlin, UMB Bank declared the Loan to be immediately due and payable in accordance with its rights as bond trustee. H. As a result of Foothills' default, the entire balance of all principal, interest, late charges, and all other fees and amounts owing under the Loan Documents is due and payable. As of the Effective Date, Foothills admits, and waives any right to challenge, that the balance due under the Loan Documents is as follows: Principal Accrued but Unpaid Interest Fees, costs (est.) Total $2,820,000.00 (through 2/1111) 163,857.50 200.000.00 (the " Total Indebtedness $3,183,857.20 I. UMB Bank, as assignee of CECFA's right, title and interest in, to and under the Loan Documents, has the right to exercise the rights of CECFA with respect to the Loan, including the right to enforce the liens of the Deed of Trust/Security Agreement and Financing Statement, and to take whatever action at law or in equity that may appear necessary or appropriate to collect the amounts due and enforce its rights under the Loan Documents, including entering into, executing, and enforcing this Agreement. J. Coughlin, as the designated representative of the Bond Holders has directed UMB Bank as bond t ustee to enter into, execute, and enforce this Agreement. . COVENANTS In consideration of the mutual covenants set forth in this Agreement and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged by each Party, the Parties covenant and agree as follows: 2 U V�`� 1. Affirmation and Incorporation of Recitals. The Parties agree that the Recitals set forth above are true and correct, are incorporated in these Covenants by reference, and are a material part of this Agreement. 2. Absolute Transfer of Property. (a) Foothills agrees to convey to FI Nominee by Bargain and Sale Deed ( "Deed ") all of its right, title, and interest in and to the Real Property; and transfer and assign to FI Nominee by an Assignment and Bill of Sale (the " Bill of Sale ") all of its right, title and interest in and to the Personal Property. Such Deed and Bill of Sale shall be in the forms attached as Exhibit A and Exhibit B, respectively, and the execution and delivery of them shall be referred to in this Agreement as the " Transfer ." (b) Foothills and FI Nominee agree that the execution and delivery of the Deed and Bill of Sale shall be the absolute, present, irrevocable and unconditional Transfer of the Property to FI Nominee, and are not intended as a mortgage, trust conveyance, or security of any kind. FI Nominee shall have no obligation to reconvey the Property to Foothills, and, upon the Transfer, Foothills shall have no further legal or equitable title to, or interest in, the Property, except the rights of Foothills under the Lease as described in Section S. 3. Closing. Provided that all of the terms and conditions set forth in this Agreement have been timely satisfied, the closing of the transaction (the "Closi ") shall take place on Pcbruary , 2011, or such other date as the Parties may agree upon mutually in writing. At the u 1 Closing, Foothills shall deliver the following documents to FI Nominee, LIMB Bank, and Coughlin, each document duly authorized, properly executed and, if applicable, acknowledged: (a) This Agreement (if not previously executed); (b) The Deed; . (e) The Bill of Sale; (d) The Lease described in Section 8; (e) The Estoppel Affidavit attached as Exhibit C; (f) Confirmation that the Warranties by Foothills made in Section 9 are true and accurate as of the date of Closing; and (g) Subject to Foothills' right to review and approve, in its reasonable discretion, any additional documents which FI Nominee, in its reasonable discretion, may request to effect the transfer of all of Foothill's rights, title and interests in and to the Property. A. No Merger. (a) Notwithstanding the Transfer of the Property to FI Nominee, Foothills acknowledges that the Loan is not and shall not be cancelled and shall survive the Closing and delivery of the Deed and Bill of Sale, and that the Loan Documents and Indenture 3 u shall remain in full force and effect, as modified pursuant to this Agreement. The Parties further agree that the interest of UMB Bank in the Property, as the beneficiary under the Deed of Trust/Security Agreement and Financing Statement after the conveyance of the Property to FI Nominee, shall not merge with the interest of FI Nominee in the Property. It is the express intention of each of the Parties that such interests of UMB Bank and FI Nominee in the Property shall not merge, but be and remain at all times separate and distinct, notwithstanding any union of said interest at any time by purchase, termination, or otherwise and that the liens of the Deed of Trust/Security Agreement and Financing Statement shall be and remain at all times valid and continuous liens on the Property until and unless released of record by UMB Bank or its successors and assigns. (b) The Transfer of the Property to FI Nominee shall not affect or prejudice the right of UMB Bank to foreclose its liens on the Property pursuant to the Deed of Trust, Financing Statement, or any other Loan Document (including, but not limited to, the right to name any party deemed necessary by UMB Bank as a defendant in any such foreclosure action, including Foothills), or to exercise any of UMB Bank's or Bond Holders' other rights or remedies under the Loan Documents, at law or in equity with respect to the Property. Other than as expressly set forth in this Agreement, UMB Bank's and Bond Holders' rights under the Indenture, the Loan Documents and under applicable law shall survive the Closing and, with respect to any issues of priority as between (i) intervening or inferior Iiens or security interests and encumbrances, if any, on or against the Property, and (ii) the liens and security interests against the Property benefiting UMB Bank and Bond Holders, all rights and remedies of UMB Bank and Bond Holders are expressly preserved hereby, and for purposes of limitations and any other applicable time bar defense, are expressly extended as evidenced by this Agreement. The priority of the liens and security interests against the Property benefiting UMB Bank and Bond Holders are intended to be and shall remain in full force and effect, and nothing herein or in any instrument executed in connection herewith shall be construed to subordinate the priority of those liens or security interests to any other liens, security interests or encumbrances whatsoever. 5. Title Insurance. (a) Prior to the Closing, UMB Bank and FI Nominee shall be entitled to obtain a commitment for an Owner's title insurance policy or Loan title insurance policy with respect to the Real Property from a title insurance company of their selection ( "Title CompaIIV "). (b) If, prior to the Closing, either UMB Bank or FI Nominee determines, in its sole and absolute discretion, that the title commitment contains exceptions, requirements or other provisions that are not acceptable, it may terminate the Agreement upon written notice to all Parties. (c) Foothills shall cooperate by executing all documents and delivering all materials that Title Company reasonably requires in order to issue the Owners Policy and Loan Policy. Fl Nominee shall pay the premiums for such policies. 6, Sale of Property. As a material inducement to UMB Bank, Bond Holders and FI Nominee to enter into this Agreement, Foothills agrees that, following the recording of the Deed, FI Nominee shall have the right, in its sole and absolute discretion, to list, market, and sell any or all ".of the Property at any time and under such terms and conditions as it deems appropriate, subject however to the rights of Foothills under the Lease as described in Section 8. Nothing contained in this Agreement is intended to or requires FI Nominee to sell any of the Property at any time or at any particular price. 7. Conversion of Indebtedness. As a material inducement to Foothills to enter into this Agreement, and in consideration of the Transfer, UMB Bank and Bond Holders agree, (a) effective upon performance of Foothills' obligations under this Agreement, that the obligations of Foothills under the Loan Documents shall be non - recourse obligations, secured solely by the Property, and (b) that they will not take any action prior to June 1, 2011 to collect from Foothills (including the cash, money, deposit accounts, accounts receivable, donations, pledges or other rights to receive payments belonging to Foothills) all or any part of the 'Total Indebtedness or any other amount due under the Loan Documents. Any cash, money, deposit accounts, accounts receivable, donations, pledges or other rights to receive payments in belonging to Foothills on June 1, 2011 shall be assigned to UMB Bank and thereafter administered by UMB pursuant to the terms of the Indenture. Between The date of this Agreement and June 1, 2011, Foothills shall only use cash and other morries belonging to it to pay salaries an d operating expenses incurred in the ordinary course business. 8. Lease Agreement, FI Nominee, as Landlord, and Foothills, as Tenant, agree to enter into a Lease Agreement with respect to the Property in the form attached to this Agreement as Exhibit D (the "Lease "). 9.. Warranties by Foothills. Foothills, for itself and its successors, acknowledges and warrants to UMB Bank, Bond Holders and PI Nominee, and their successors, that as of the Effective Date: (a) Foothills is in default of the Loan Agreement, Note and other Loan Documents, and has no defenses to UMB Bank's immediate enforcement of the Loan Documents and the exercise of all of UMB Bank's rights and remedies. Foothills has no right to cure its defaults. Except as set forth in Section 7, neither UMB Bank nor CECFA has waived or modified any Loan Documents or any right or remedy under the Loan Documents. The Loan Documents, as modified by Section 7, remain in full force and effect, notwithstanding the Transfer, Foothills has no ground to challenge, set aside, or invalidate any claim, lien, security interest or other rights of UMB Bank, CECFA, or Bond Holders, and their rights and remedies are not subject to any offset, defense, or counterclaim, set -off, or right of recoupment. (b) UMB Bank, as bond trustee, and CECFA have performed all obligations under the Loan Documents, and have not breached any obligation under the Loan Documents or common law, including any implied or express good faith obligation under the Loan Documents. Foothills has no claim against UMB Bank or CECFA, whether contractual, statutory, or under common law. O' (c) The. Transfer of the Property as provided in Section 2 is commercially reasonable in all respects. Foothills has been given reasonable and adequate notice of all events as provided in the Loan Documents and waives any additional notice. (d) The Transfer does not violate the rights of any creditor or obligee of Foothills. (e} Except as described in this Agreement, Foothills has not transferred or assigned any right, title, or interest in the Real Property. (f) Foothills agrees that if, after the Closing, it becomes subject to a petition in Bankruptcy, whether voluntarily or involuntarily, then this Agreement shall constitute Foothill's stipulation that UMB Bank, Bond Holders and FI Nominee shall be. permitted immediate relief from stay under Section 362(f) of the Bankruptcy Code in order to prevent what Foothills acknowledges would be irreparable damage to the interests of UMB Bank, Bond Holders and Fl Nominee, and Foothills waives the right to notice and a hearing of any motion by any of such parties to achieve such relief. (g) To the knowledge of Foothills, the value of the Property does not exceed the Total Indebtedness. (h) No third parties are in possession of any part of the Real Property, and Foothills has not leased or rented the Real Property to any third parties and has no future obligations to lease or rent the Real Property. (i) Foothills has not assigned any interest in any of the claims and causes of action being released by it under Section 10. (j) All documents and information that Foothills provided or caused to be provided to the UMB Bank, Bond Holders and FI Nominee in connection with this Agreement are true and complete in all material respects and do not omit any material fact. (k) Foothills is a Colorado nonprofit corporation and is in good standing with the Colorado Secretary of State. 10. Release of UMB Bank, Bond Holders, and FI Nominee by Foothills. Foothills for itself, and its successors, representatives and assigns, hereby releases, acquits, and forever discharges UMB Bank, Bond Holders, FI Nominee and Coughlin and their respective successors, beneficiaries, representatives and assigns, and all of their members, managers, investors, officers, beneficial owners, principals, employees, agents, affiliates, and attorneys, and the respective heirs, successors, representatives and assigns, members and managers of each such person or entity ( " lg eas ees "), from any and all claims, demands, damages, costs, liabilities, losses, expenses, attorney fees, settlements, debts, contracts, covenants, representations, warranties, promises, agreements, controversies, matters, actions or rights, and causes of action of every kind and nature,. including all claims of damage to property, and bodily, personal, and psychological injury, arising from or related to (i) any action taken or omitted by any Releasee with respect to any transaction, event, or relationship relating to the Loan Documents, Indenture, and this Agreement (ii) any other act, omission, transaction, event, or relationship existing prior to the date of this Agreement that relates to or arises from the Parties' business relationships, including as summarized in the Recitals. 11. Indemnity by Foothills. Foothills agrees to defend, indemnify, and hold harmless the Releasees from and against any losses, damages, costs, attorney fees, expenses, judgments, liens, decrees, fines, penalties, liabilities, claims, actions, suits and causes of action arising, directly or indirectly, from (a) any breach, default or violation by Foothills of any covenant, warranty, representation or promise contained in this Agreement or in the documents executed and delivered on its behalf in connection with or pursuant to this Agreement; (b) any claims or liabilities pertaining to the Real Property or in any way. arising out of or pertaining to Foothills' occupancy, use, or operation of the Real Property, including, without limitation any claims or liabilities pertaining to injury to persons or damage to property; (c) the enforcement of the Loan Documents, Indenture, and this Agreement. Should any such Releasee incur such liability, cost, or expense, then Foothills shall reimburse such Releasee upon ten days written notice, for all cost, expense, liability or damage arising therefrom. The foregoing obligations of indemnity and defense shall survive the Closing. 12. Miscellaneous Provisions. (a) This Agreement, including the attached Exhibits, constitutes the entire agreement between and among the Parties and supersedes all other written and oral agreements and understanding between the Parties relating to the matters in this Agreement. This Agreement is not a Loan Document, however, and it does not impair, limit,'or supersede any Loan Document except to the extent the terms of this Agreement expressly vary the terms of any Loan Document. (b) Captions contained in this Agreement have been inserted solely for convenience of reference and in no way define, limit, or describe the scope or substance of any provision of this Agreement. (e) All matters at issue and all questions concerning the interpretation and enforcement of this Agreement shall be decided and construed in accordance with the law of Colorado. (d) If a court of competent jurisdiction enters a final judgment holding invalid any material provision of this Agreement, the remaining provisions of this Agreement shall be fully enforceable. (e) This Agreement may be executed in counterparts, each of which shall be deemed to constitute an original, but all of which shall constitute one and the same instrument. (f) This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. (g) The prevailing party in any litigation brought to recover damages for breach of the Agreement or to enforce, terminate, cancel, or rescind the Agreement shall be entitled to the award of all reasonable fees and costs, including attorney fees, incurred in such litigation. (h) Each person executing this Agreement on behalf of a Party personally warrants and represents that he or. she has the requisite authority to do so and to act on behalf of such entity in connection with this Agreement, (i) Each Party warrants and represents that he /it is entering into this Agreement voluntarily and not under any undue influence, duress, or coercion. (i) Each Party warrants and represents that he /it has carefully read and considered this Agreement and its contents before signing it, that all requisite approvals for this settlement and the execution, delivery, and performance of this Agreement have been properly obtained. 0) Each Party knowingly assumes the risks and consequences of entering into this Agreement and warrants and represents that he /it has made any and all investigation of the facts and circumstances deemed appropriate or necessary to determine any issue relevant to this Agreement and that he /it has not relied on any agreement, promise, statement, representation, or warranty by another Parry, except those made in this Agreement, in determining to execute this Agreement. Each Party assumes the risk that he/it may have made a unilateral or mutual mistake in evaluating the facts and circumstances or in executing this Agreement, (k) Each Party warrants and represents that he /it has had the unrestricted right to obtain independent legal counsel, or has been represented by independent legal counsel, to review this Agreement and advise him/it of the consequences of executing this Agreement. FOOTHILLS ACADEMY, a Colorado nonprofit corporation Its - eliOCFVr` a� !✓�.11rel UMB BANK, N.A., as bond trustee Its M , OMIN�EE L LC ,F, s /l,l`u`*�1` By �� Dennis F. Coughlin in his capacity as the designated representative of the Bond Holders STATE O COLORAD I `,) b )Ss. C i'� The foregoing signature was acknowledged before me this 1 day of off , 2011 by KFE P Lr� as 4 DP4 r of Foothills Academy, a Colorado nonprofit corporation. 4 otary P b is My commission expires: iYetsr .�v �ninnr STATE OF COLORADO ) )Ss. CITY AND COUNTY OF DENVER) N pTARY --asp --- Punkc The foregoing signature was acknowledged before me this _ day of , 2011 by as ofUMB BANK, N.A. Notary Public My commission expires: STATE OF COLORADO ) )Ss. CITY AND COUNTY OF DENVER) The foregoing signature was acknowledged before me this r �, day of/ 2011 by „} ,4 Lw�2ErJ �p�� 7�Y -h y 4 F • �E 4 4- FI NOMINEE LLC, a Colorado limited liability company. � 4 0taryu /— My commission expires: `�i `/ 0 0'iAR,/ STATE OF COLORADO ) ?, )Ss. �1 S` • pUB1r1' CITY AND COUNTY OF DENVER) The foregoing signature was acknowledged before me this ____ day of Dennis F. Coughlin Notary Public My commission expires: 10 EXHIBIT A TO DEED IN LIEU OF FORECLOSURE AGREEMENT BARGAIN AND SALE DEED 11 EXHIBIT B TO DEED IN LIED OF FORECLOSURE AGREEMENT BILL OF SALE 12 EXHIBIT C TO DEED IN LIEU OF FORECLOSURE AGREEMENT ESTOPPEL AFFIDAVIT STATE OF COLORADO ) )ss. COUNTY OF JEFFERSON ) The undersigned, in his capacity as the representative and agent for Foothills Academy ( "Foothills "), after having been first duly sworn, states and affirms the following under oath, on behalf of Foothills and not individually that: 1. [Afftant's position at Foothills] 2. The Affiant makes this Estoppel Affidavit for and on behalf of Foothills, pursuant to [authority to sign]. 3. Foothills made, executed, and delivered a deed of trust to the Public Trustee of Jefferson Comity Colorado for the benefit of The Bank of Cherry Creek for the equal benefit, protection and security of certain bond holders (the "Bond Holders "). UMB Bank, N.A. ( "UMB Bank ") is the successor -in- interest of The Bank of Cherry Creek. 4. It has been represented to Foothills by Coughlin that the Bond Holders, through their representative, have instructed UMB Bank to enter into the Deed in Lieu of Foreclosure Agreement, dated February 2011, among Foothills, UMB Bank, as bond trustee, Fl Nominee LLC ("FI Nominee ") and Dennis F. Coughlin in his representative capacity, which is incorporated into this Estoppel Affidavit by reference ("Agreement"). 5. Pursuant to the Agreement Foothills, as grantor under a Bargain and Sale Deed ("Deed") and under a Bill of Sale ( "Bill of Sale "), conveys, absolutely, unconditionally and irrevocably, to FI Nominee all of FoothilI's right, title and interest to the real property, including all improvements on, and appurtenances to, the real property and personal property as described in the Deed and Bill of Sale (collectively the "Property "). 6. The Deed and Bill of Sale are not intended as a mortgage, deed of trust, or security of any kind. 7. Possession of the Property has been surrendered to the FI Nominee, subject to the Lease provided for in the Agreement. 8. In the execution and delivery of the Deed and Bill of Sale, Foothills was not, and is not, acting under any misapprehension as to the effect thereof, and acted finely and voluntarily and was not acting under coercion or duress. 13 9. The consideration for the Deed and Bill of Sale was and is payment to Grantor of the sum of $1.00 by FI Nominee, and other valuable consideration set forth in the Decd in Lieu of Foreclosure Agreement. 10. At the time of making the Deed and Bill of Sale, Affiant believed and continues to believe that the consideration described above in Section 9 represents the fair value of the Property. 11. This Estoppel Affidavit is made for the protection and benefit of Land Title Guarantee Company and any title insurance company for which it is an agent, for the purpose of insuring the title to the Property in reliance thereon, and any other title company which may hereafter insure the title to the Property. 12. The Affiant, for and on behalf of Foothills, will testify, declare, depose or certify under penalty of perjury before any competent tribunal, officer, or person, in any case now pending or which may hereafter be instituted, to the truth of the particular facts set forth. FOOTHILLS ACADEMY, a Colorado nonprofit corporation By_ Its Tax ID Number: 98 -07026 STATE OF COLORADO ) )ss. COUNTY OF JEFFERSON ) The foregoing Estoppel Affidavit was acknowledged before me this _ day of 2011 by as of Foothills Academy, a Colorado nonprofit corporation. Notary Public My commission expires: 14 D TO DEED IN LIEU OF FORECLOSURE AGREEMENT LEASE 15 F1 NOMINEE, LLC 140 East 19 Avenue, Suite 700 Denver, CO 80203 -1035 303 -863 -1900 May 1.9, 2011 Dr. Donna Newburg -Long Mountain Phoenix Counnunity School 11398 Ranch Elsie Road Golden, CO 80403 RE: 4725 W Miller Street Wheat Ridge, CO 80033 Dear Dr. Newburg -Long: I am in receipt of an email fi-ont Tim Long requesting a letter from the owner of the above mentioned property consenting to the use of the property by Mountain Phoenix Community School. This letter will seine as your authorization to use the property as a pre- kindergarden through 8` grade public chartered school and for related purposes. Should you need any further information or wish me to communicate directly with Wheat Ridge Planning and Zoning, I would be most happy to do so. Managing Member e T PUBLIC SCHOOLS Building llrglu ru[urvs Site Visit Foothills Academy Campus Planning & Construction 809 Quail St., Bldg. 114 Lakewood. Colorado 80215 Phone: 303.982.2584 Fax: 303.982.2400 Summary I visited the Foothills Academy Campus April 1, 2011. The 4.25 acre campus is bounded by Miller Street to the east, Nelson Street to the west, 47th Place at the south and 1 -70 frontage road to the north. The campus consists of five buildings of about 20,000 SF total, some with additions. The buildings are separated with hardscape and landscape. Parking is located at the east, north and west sides of the site and appears adequate for the campus. Site Condition The site has approximately 75 parking spaces located in three lots. The condition of the paving is good. There is a field area located at the southwest corner of the property as well as a large play area to the east of the field with equipment and a play area at the south property line near 47 t1i Place also with equipment. Playground equipment appears to meet current regulations and age appropriateness. The buildings are connected with concrete walks and landscape buffers. The walks are in good shape, landscaping is in generally good condition but will require continuing maintenance. Building Condition The buildings are well maintained. Three of them date to early in the last century another was constructed in 1993. The buildings have been renovated with more appropriate building systems for a school. There was no evidence of structural distress in any of the buildings. The roofs and exterior, including doors and windows, appear in reasonably good condition. A couple of interior water stains were noted from either roof or HVAC system leaks. From a code standpoint exiting is adequate and accessibility varies by building, some being more accessible than others. It may be necessary for Mountain Phoenix to develop an ADA compliance plan for some of the buildings in the near future. The HVAC system in each of the buildings is residential /light commercial in quality. The distribution system is either through the floor or with ceiling diffusers. The electrical system varies with the buildings, system capabilities were not noted. The newer buildings or those that have undergone significant remodel have more outlets than the older buildings that have in general fewer. Outlets appear to be sufficient for operation of the school. Lighting varies also, again depending upon the age of the buildings, from surface mounted to recessed fluorescent. Artificial light combined with natural light seems to be adequate for educational purposes. The buildings are equipped with fire alarm and security systems. Overall Observation Mountain Phoenix will take over the facility literally "lock, stock and barrel'. This includes all the equipment, educational and administrative materials necessary to have an educationally functional complex. The size difference between the current location in Coal Creek Canyon and the Foothills Academy location is significant, requiring more teaching and maintenance personnel. At the same time the school will be able to draw from a larger pupil base and potentially see a dramatic increase in enrollment. Tim Reed, Director Capital Programs Facility Planning Our Mission: TO provide a quality education iha! prepares all children for a successful fraure. LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29 Avenue, Wheat Ridge, CO 80033 Phone (303) 235 -2846 (Please print or ripe all informmtion) td %"13( 303• Applicant C- 4oiKM%k4%T`1' SCt100L Address 11399 j6AACHe StEF Phone642 - City Q-4,OL1JsA State C040t2�DU Zip A oft3 Fi 2• S5 , F NOM1w}F-ELLC °RPDo� l�0£.19 A+IE• %ut(� 3•I�DD Owner CotA4Ht1d t CO Address t Cit} D1= r.1VE}L State C D Zip 50203 Fai 3-(863•7100 Cont ift �0lJn {��EN�BF116r- L6h1C���1A Addressl0 AF UTQILLOL Phone St 2- 42 7 ) -D City fJ01rtd4LM4 State COLOA DO Zip A OL 3 Fat 31200 -5220 (The person listed as contact kill be contacted to mnswer questions regarding this application. provide additional information when necessan. post public hearing signs. mill receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicmnt and owner.) Location of request (address): `f T2 M1LLEk 5TMrr W kA Q1Dr^F- C(5 003 Type of action requested (check one or more of the actions listed below N� hich pertain to } our request) Application sitbrnintd requirements on ren•erseside • Change of zone or zone conditions 6(Special Use Permit • Consolidation Plat O Subdivision: Minor (> lots or less) • Flood Plain Special Exception O Subdivision: Major (More than i lots) • Lot Line Adjustment O Right of Wa} Vacation • Planned Building Group 173 Temporan Use- Building, Sign O Site Development Plan approval O Variance/Waicer (from Section ) O Other: Detailed description of T 14 GIRRwT 42-A ZSC4 IO L. - (0 �.t *Wr— YKL r — '1}••a 't U.DLN r I � �V J''V�1" J Required information: Assessors Parcel Number: Size of Lot (acres or square footage): 4:23 ACQES Current Zoning: P' -2A t A,- 1 Proposed Zoning: P-- It Current Use: PRt%JPsTr-- SG400 L Proposed Use: JEFFCO SC$OO L- I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power -of- attorney from the oWier which approv is action on his behalf Signature of Fee $�.vQ Receipt No. 4 + OD'� Zon_ G - Pre -App Mtg. Date of 20 l/ To be filled out by Date recen ed Comp Plan Desig. Related Case No. issi fission eipires Case No. -5e — 11 0S Quarter Section Map ll Case Manager o e C, L,-- ery I I Cit of � qr Wheatl�idge LAND USE APPLICATION FORM C;.QM11 DEI +F,L F,NT Case No. ISUP Date Received l 5/25/201 Related Cases Case Planner Case Description SUP to allow for an educational laciiity APPhvaWfldomaarie .� Name 'Mountain Phoenix Commm Name 0 Phone 130316427634 Address 111398 Ranch Elsie Rd. 7 City Qolden State KC Zip 180403 - Osvrxrlrzfx�ahixf FMSD ZONING APPLICATION F 288.88 ZONE Name (FiNommee,LLC Name C_ J Phone ([3031863.1900 Address i140E.1Sl Ave. ,Suilel00 � City : Denver State M Zip 80203- __JI 031644 TOTAL 208.88 Name [ Donna Newberg -Long ] Name Phone (303]518 - 0273 Address W Ulrillo Ln. �] City !Northglenn �I Stale I L 07 Zip x60234 Address F4725 Street Miller S tre et City Wheat Ridge Stale CD Zip 80033 v,i Location Description I l Project Name r Parcel No. ,39- 211 - 0 Qtr Section: NE21 District No.: IV v 9eviersx Ij Pre -App Date. 4/28/2011 Neighborhood Meeting Date 5/18/2011 App No: APP1114 -- v l S CITY OF WHEAT RIDGE 85/25/11 11:14 AM cdha NEWBERG -LONG /DONNA K RECEIPT NO:CDA805945 AMOUNT FMSD ZONING APPLICATION F 288.88 ZONE PAYMENT RECEIVED AMOUNT VS 6725 280.80 Auth Code: 031644 TOTAL 208.88 NEIGHBORHOOD INPUT MEETING RE: Mountain Phoenix Community School — Wheat Ridge SPECIAL USE PERMIT — APPLICATION PROCESS 6:00 PM —Wednesday, May 18, 2011 Founders' Room (located on former site of Foothills Academy) 4725 Miller Street, Wheat Ridge 80033 MINUTES Attendees City of Wheat Ridge: Ms. Meredith Reckert— Senior Planner Mr. Steve Nguyen — Traffic Engineer Mountain Phoenix Community School: Dr. Donna K. Newberg -Long — Principal Mr. Craig Eicher — Governing Council Member Mr. Tim Long— Financial Consultant Neighbors: Mr. Ray Maes Ms. Patty Parker Ms. Dianna Pierce Ms. Polly Pinkston Call to Order: Ms. Reckert opened the meeting at a little past the hour of 6:00 PM on a rain - filled Wednesday evening. She described the reasons for the meeting to obtain 'Neighborhood Input' and the process that is being undertaken as Mountain Phoenix Community School seeks to extend its Jeffco Charter School program to a Wheat Ridge Campus to be located at the former Foothills Academy. Just as Foothills Academy operated its school with a capacity of 250 students under a 'Special Use Permit' given the zoning of R -2A and A -1 on three (3) lots totaling a little over 4.3 acres, so too, does the Mountain Phoenix Community School need to apply for this same approach to operate its new school. Special Use Permit: Ms. Reckert provided a one -page hand -out showing the map of the site on one side and the Special Use Application Process on the other. It was made clear to the Attendees that by definition the City can allow a discretionary use — provided the site use is properly designed, developed, operated and maintained — in a zone district where the special use is permitted. For both the R -2A and A -1 zoning a school is permitted. It was Ms. Reckert's understanding that Mountain Phoenix was hopeful of having a 'Special Use Permit' ( "SUP ") being granted administratively by the City's Community Development Director. Some discussion took place clarifying the "Agricultural Zoning" that still was in place — Ms. Reckert mentioned the 'legacy' zoning of this area given the old truck farms that were located nearby. Mountain Phoenix Community School ( "MPCS "): Providing a brief description of Mountain Phoenix as an 'arts - infused, Waldorf- inspired' K -8 school program, Dr. Newberg -Long spoke to the intention of Mountain Phoenix to continue with the same enrollment and occupancy of 250 students that Foothills Academy had with its Special Use Permit. Dr. Newberg -Long described that as an open enrollment Jeffco School, many of the students are coming from Evergreen, Highlands Ranch, Golden but none are coming from those area schools that Jeffco has recently closed. It was emphasized as well, that as the extended MPCS Wheat Ridge Campus is a preK -8 school and does not have any involvement with high - school -aged drivers. Traffic & Parking: However, given the nature of the concerns in the past history of the school, discussion ensued as to the importance to have a respectful traffic and parking plan in place and enforced. An open discussion, give - and -take discourse took place among and between all attendees with Dr. Newberg -Long addressing concerns, issues and prior happenings to most of these as follows: • Student drop offs and pick -up timing for parents and bussed students will not be using Miller Street — most especially no u -turns on either Miller Street or traffic on 47` Place, the cul -de -sac street immediately south, adjacent to the school's property. • The traffic pattern — to be enforced by the new school — will be in having parents dropping off their grade - school and middle school children using the 1 -70 Frontage Road parking areas and the School's Westside school driveway and parking area. Parents will enter this area and 'loop' through the parking area so as not to block the Frontage Road with left- hand - turning traffic — proceeding west to east as a one -way traffic movement via the parking area. This north -side approach is intended to minimize traffic on Miller Street during the school day. • For safety's sake, only pre - school age and kindergarten -aged children will be allowed to have their parents drop them off at the Miller Street entrance and exit drive on the eastern side of the School grounds. • A'Car- Pooling' Plan is being developed and communicated with parents to optimize an ability to have as few vehicles as possible. • While there will be special school events from time to time at the MPCS -Wheat Ridge campus, not only will the neighbors be informed of these timings and circumstances but also: (a) the across - the - street - hotel's extensive parking lot (east side of Miller Street) will be asked to enable 'special events' parking, accessing through the locked gate; and, (b) that with certain "Faire Events" the entire neighborhood is cordially invited to attend. • Signage that is currently in place along both the east and west sides of Miller Street will be recognized and respected by the patrons - parents of MPCS -Wheat Ridge. As is allowable and permitted, the School Administration will provide enforcement of the 'no- stopping' alerts on these City - provided signs — noting also that the 'sight - lines' at the corner intersection at 47` Place will not be blocked. • Dr. Newberg -Long spoke to the Jeffco School District requirements to have a working 'Emergency Safety- Security Plan' that is at all times adhered to and enforced. Parking and vehicle traffic are part and parcel of this Plan —she provided assurances that she was "very strict" when it comes to imposing /enforcing traffic controls citing past examples at other schools. 7 School Hours: As an answer to several questions, Dr. Newberg -Long provided the following outline of the timing of drop -offs and patterns of the 'ebb-and-flow' of traffic at the MPCS -Wheat Ridge: BEFORE SCHOOL PROGRAM —7:30 AM (approximately 20 kids) MIDDLE SCHOOL — 8:15 AM (6 & 7 th Grade) GRADE SCHOOL — 8:30 AM (drop -off time for majority of students; noted as 30- minute interval from the Compass Montessori School traffic at the southern end of Miller Street at 46 Avenue) PRE - SCHOOL & KINDERGARTEN —11:30 AM (end of morning'' /: day -3 hr— session for younger - Age Children) HALF DAY -12:30 PM (drop -off of 2 nd % day Pre - School & Kindergarten Classes) DISMISSAL— 3:30 PM (this will be the busiest time of the school day as per vehicle traffic); NOTE: Mr. Nguyen expressed the idea of whether or not this timing could be staggered. Dr. Newberg -Long responded that it would provide some difficulty, as many families and carpools would be picking up students from multiple grades. She felt dismissal of all grades at 3:30 PM would facilitate a quicker pick -up window of time for the queue and prevent the need for parents to park except when they need to meet with teachers. AFTER SCHOOL PROGRAM — anywhere from 4:00 PM to 6:00 PM (approximately 20 students; this typically will mark the end of the day on the School Grounds) School Faculty: Dr. Newberg -Long described that the number of Faculty at the School at any one time will be approximately 21 in number, noting that there were many part -time teachers and para- support personnel coming and going throughout the day. Enrollment Numbers: As was the capacity at Foothills Academy at 250, so too, will this be the same number in the MPCS SUP application. Discussion ensued expressing concern for the fact that there are 94 kids on the campus just now and that there's a great deal of traffic with them, let alone over twice as many. Dr. Newberg -Long stressed the importance of 'behavior modification' and 'parent orientations' to enforce the traffic and parking patterns. School Volunteers as well as Teacher Supervisors will also be enlisted to enforce the rules and have parents driving sensibly in and around the School grounds. Neighbors Fences: Concern was expressed by those neighbors present with regards to children and fences bordering the School property (after the meeting, many attendees walked the perimeter to view the fence concern firsthand). Matters of dogs, poking sticks through fences, balls & shoes finding their way over fences, forts /tipis built leaned against the fences, climbing, jumping up against and hitting fence boards were all described and discussed. School Supervision was seen to be key when neighbors are absent during the school -day. Dr. Newberg -Long emphasized again that School Volunteers as well as Teacher Supervisors will be enlisted to enforce the rules and have children learn to be good neighbors in and around the School grounds. 3 Outdoor Maintenance /School Grounds Landscaping: Those neighbors present in unison related that they do want the school to stay — better that than vacant grounds. It is important to maintain property values. The neighbors present were assured that the grounds would be kept up and it is incumbent upon MPCS -Wheat Ridge to maintain the grounds and landscape as per the Landowner's lease requirements. Communication: For all of those present it was agreed that communications were all important in keeping everyone informed as to what was taking place at the new school. There was agreement that schools are essential to our community. Dr. Newberg -Long suggested that there be a follow -up meeting once the School's been opened in August — and, possibly have routine meetings to keep the neighbors informed. Likewise, "If we do it right, we'd also like to know about that as well ...." (Dr. Newberg- Long). Public Park Use & Access: Mr. Maes brought to the attention of those present that the nearby (east across Miller Street) neighborhood park had been recently improved and that he hoped that when or if it's being used by the new school for outings and events that teacher supervision would be present. Mr. Maes was assured that this, in truth, would always be the case, including walking the children to and from the playground - 25 -acre open space area as there are no sidewalks on Miller Street. Direct Contact Person: Dr. Newberg -Long stated that she would like to be that direct contact person for the neighbors to get in touch with as per their concerns, as well as to provide information that she should be aware of from time to time in the neighborhood. She also stated that as others may come to use the School property for meetings and the like, that they too, would need to abide by the rules being set for parking, etc. Special Use Permit Criteria: With the intent to bring the meeting to a close, Ms. Reckert addressed the City of Wheat Ridge handout once more emphasizing the need for the new MPCS -Wheat Ridge to demonstrate how it intends to abide by these criteria so as not to have its operations have a detrimental effect upon the general health, welfare, safety and convenience of people who live and work in the neighborhood. Ms. Reckert encouraged Mountain Phoenix to provide a narrative as to how it will meet all of the eight (8) "criteria" listed in the handout. This is part and parcel of the Application Process which could not be submitted until after the Neighborhood Input Meeting had taken place. Dr. Newberg -Long stated that Mountain Phoenix intended to submit its Complete Application for the Special Use Permit mid -week next week— on or about May 25` Concluding Remarks: Both Craig Eicher and Dr. Newberg -Long expressed their thanks to those in attendance — taking the time to look to see who /what Mountain Phoenix is all about and to have their voices heard. Both emphasized a desire for Mountain Phoenix to be viewed as a good neighbor such that, "...Your input is valuable to us ... and, we would have you like us and trust us. . . ." Meeting Conclusion: There being no further discussion at hand, the approximate time of the conclusion to the meeting was roughly 7:45 PM at which several attendees walked outside to inspect the neighborhood fence line together. City of Wheat 1�dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29` Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Date: City Staff Present: Location of meeting: Property location: May 17, 2011 Meredith Reckert, Senior Planner Steve Nguyen, Engineering Manager Former Foothills Academy campus 4725 Miller - Community Room Wheat Ridge, CO 4725 Miller Applicants: Mountain Phoenix Community School (MPCS) Donna Newberg -Long, Principal Tim Long, Financial Advisor Property Owner(s) present? No Existing Zoning: A -1, Agriculture -One and R -2A, Residential -Two A Comprehensive Plan Designation: Public Asset surrounded by Neighborhood Member(s) of the community present: Polly Pinkston — 10630 W. 46' Avenue Ray Maes — 10460 W. 47' Place Patty Parker -10481 W.47' Dianna Pierce — 10471 W. 47 " Place Craig Eicher — Phoenix Mountain School governing board Existing Conditions: The property is located at 4725 Miller Street and has split zoning designations: the eastern part of the property is zoned Agricultural -One (A -1) and the western half is zoned Residential -Two A (R -2A). Surrounding the parcel are residentially and commercially zoned properties. To the south and west is a single- and two - family residential neighborhood zoned R -2. Across Miller Street to the east are commercially -zoned parcels that include a Motel 6 and Comfort Inn. Fruitdale Park is southeast of the subject property and is zoned Planned Residential Development (PRD). To the north is Interstate -70. The subject parcel is an L- shaped corner lot with access to Miller Street and I -70 Service Road South. The site is the former campus of the private school Foothills Academy. It consists of 4.23 acres and includes five structures of varying ages. Three of the structures, including a fannhouse and barn, were constructed before 1920. These structures were converted to a school in 1987 when Foothills Academy opened. Two additional structures were constructed in 1993 and 2005. Total building coverage on the site is currently at 12.8 %. The remainder of the campus includes a large playfield, outdoor playground, paved courtyards, and two www.cLwheatridge.co.us parking areas with 77 spaces. The parking lots are not connected and provide access to the I -70 Service Road and Miller Street, respectively. Applicant /Owner Preliminary Proposal: The applicant, Mountain Phoenix Community School (MPCS), is proposing a pre - Kindergarten through 8 t " grade public charter school for the Jefferson County School District at 4725 Miller Street in Wheat Ridge. Projected enrollment for the 2011 -2012 school year is 281 to 300 students; a minimum of 281 students is required for the school to be financially viable. The projected number of faculty and staff is 38 individuals, of which 21 would be full -time staff. MPCS plans to lease the site and future expansion plans include construction of a new building and enrollment of up to 400 students. Short term expansion plans may include use of temporary classroom trailers to accommodate 24 students in each. MPCS currently has a smaller campus in Coal Creek Canyon, and the Wheat Ridge school is considered the "town- site" for the two sister schools. Both are operated under the Waldorf model of education which incorporates arts education and experiential learning. As a Jefferson County public charter school, the service area for the Wheat Ridge campus would include students from across the County. Public and private schools are special uses in the R -2A and A -1 zone districts. The following is a summary of the neighborhood meeting: • In addition to the applicants and staff, a member of the school governing body was present. Three members of the public attended the neighborhood meeting who live on the cul -de -sac south and east of the property. Another attendee lives on 46 °i Avenue. • Staff discussed the site, its zoning and history of use of the property. • The applicants and members of the public were informed of the process for the Special Use Permit. • The members of the public were infonned of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed: • How will the school manage traffic to the site? The drop- offfor grade through eighth grade will utilize the parking area of of the south I -70 Frontage Road. The preschool and kindergarteners will be dropped off using the Miller Street parking areas. It was indicated that many of the families have more than one child attending the school which has the impact of reducing the number of trips. The school also provides carpool connections to encourage the reduction of vehicle trips. It was indicated by city staff that if release times for the various age groups could be staggered, there would be less of an impact than if all grades are released at the same time. • Will there be after school day care? Yes. • What is the proposed enrollment? Ideally, it would be around 250 students. Foothills Academy had had decreasing enrollment through the years with 79 students in the last academic year. • How many students are enrolled at the Coal Creek Canyon school? Around 50. • Will Jefferson County buy the property? Charter schools are not allowed to purchase property and therefore, must lease it from the current owners. • How will the school deal with outside maintenance? There are funds appropriated in the yearly budget for maintenance. Also a team of parent volunteers who will help with this. How will the school impact Fruitdale Park located southeast across Miller Street? There should be minimal impact on the park as the school has adequate playingfields and areas for recreation. There maybe the occasional nature walls in the park but the students would be adequately supervised. How will students be managed when they are at recess and during break times from class? It was noted by one of the neighbors who shares a common property line that often times the Foothills students would climb the fence and peer over, throw debris at her dogs, etc. There should be adequate outside supervision to avoid this behavior. Aside from the four neighbors at the meeting, staff received no comment from others in the area regarding the proposal. Y E O o a O y H (6 Y CL 3 N O OD c x w o C L a '0 c O •� O a , t c O 3 O s ao v Z O N 00 T r1 U v v •_ a � J � � M i 3 s G '� 0 c•S S u e•1 6 N � ' to l0 1� OO 01 O awl � a N a a U v v •_ a Mouvutclui& Fhoevu,X Oovl n&LtvutlJ, SChoDL ss3 92 t2Avi.oh Elsie tzd., c CD 20403 303- 642 -7634 phovrC 303- 642 -2465 fAK NOTICE OF NEIGHBORHOOD INPUT MEETING Mountain Phoenix Community School is proposing a Special Use Permit on property located at 4725 Miller Street, Wheat Ridge, CO. A neighborhood meeting will be held on May le at 6:00 p.m. at the school. The purpose of the request is to allow Mountain Phoenix Community School, a leffco Charter School, to serve the community by offering school choice to PreK through 8r grade students in Wheat Ridge and surrounding communities. The City of Wheat Ridge has adopted a requirement that prior to any application for a "Special Use Permit' an applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearing in front of the Community Development Director and /or City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearing. The kinds of concerns residents normally have include the following: • Is the proposal comparable with surrounding land uses and zoning? • Are there adequate utilities and services in place or proposed to serve the project? • What is the impact on our streets? • How will this proposal affect my property? • Where will the storm drainage go? • How will the project be designed to enhance rather than detract from the neighborhood? • What specific changes can be made in the proposal to make it more acceptable to me? If you have any questions, please call the Planning Division at: (303) 235 -2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge Community Development Department 7500 West 29 Avenue Wheat Ridge, Colorado 80033 Rev. 3/18/11 www. 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80033 RESID WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 MULTI WHEAT RIDGE CO 80033 MULTI WHEAT RIDGE CO 80033 MULTI WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 RESID RESID WHEAT RIDGE CO 80033 COMMR WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 MULTI WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 MULTI WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 COMMR WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 RESID WHEAT RIDGE CO 80033 MULTI WHEAT RIDGE CO 80033 COMMR WHEAT RIDGE CO 80033 RESID RESID }t �or W heat fidge Date: April 28, 2011 City of Wheat Ridge Pre - Application Transmittal Sheet Property location: 4725 Miller Street Now that the required pre - application meeting has been held, the next steps in the process will be: ® Schedule a neighborhood meeting ® Submit land use application (after the neighborhood meeting) After the neighborhood meeting is complete, the following documents are required upon submittal of the SUP Application: ® Pre - application transmittal sheet ® Property deed ® Land use application ® Letter of request ❑ Building permit application ® Property owner consent ❑ Full set of civil drawings ❑ Drainage report ❑ Outline Development Plan ❑ Traffic impact letter ❑ Final Development Plan ® Traffic study ❑ Final Plat ❑ Soils report ❑ Site Plan ❑ Grading /erosion control plan ❑ Survey /I.L.C. ❑ Electronic copy of Plat (In AutoCAD format) ® Other: Response to SUP criteria All of the listed items must be submitted to constitute a complete application. If any of the items are not included in the submittal, the application will be returned without review. City of Wheat Ridge Community Development Department 7500 W. 2e Avenue • Wheat Ridge, Colorado 80033 Planning Division - 303.235.2846 Building Division - 303.235.2855 www.ci.wheatndqe. us City of Ir gAp��n ENT idge Wheat Ridge Community Development Department PRE - APPLICATION MEETING SUMMARY Meeting Date: Applicant & Attendees: Attending Staff- Specific Site Location: Existing Zoning: Existing Comp. Plan: April 28, 2011 Mountain Phoenix Community School Donna Newberg -Long, Principal Erich Niermann, Governing Council Member Tim Long, Financial Advisor Meredith Reckert, Senior Planner Sarah Showalter, Planner H Lauren Mikulak, Planner I Dave Brossman, Development Review Engineer Mark Westberg, Projects Supervisor 4725 Miller Street Agricultural -One (A -1) and Residential -Two A (R -2A) Public Asset surrounded by Neighborhood Existing Site Conditions: The property is located at 4725 Miller Street and has split zoning designations: the eastern part of the property is zoned Agricultural -One (A -1) and the western half is zoned Residential -Two A (R -2A). Surrounding the parcel are residentially and commercially zoned properties. To the south and west is a single- and two - family residential neighborhood zoned R -2. Across Miller Street to the east are commercially -zoned parcels that include a Motel 6 and Comfort Inn. Fruitdale Park is southeast of the subject property and is zoned Planned Residential Development (PRD). To the north is Interstate -70. The subject parcel is an L- shaped corner lot with access to Miller Street and I -70 Service Road South. The site is the former campus of the private school Foothills Academy_ It consists of 4.23 acres and includes five structures of varying ages. Three of the structures, including a farmhouse and barn, were constructed before 1920. These structures were converted to a school in 1987 when Foothills Academy opened. Two additional structures were constructed in 1993 and 2005_ Total building coverage on the site is currently at 12.8 %. The remainder of the campus includes a large playfield, outdoor playground, paved courtyards, and two parking areas with 77 spaces. The parking lots are not connected and provide access to the I -70 Service Road and Miller Street, respectively. Applicant/Owner Preliminary Proposal: The applicant, Mountain Phoenix Community School (MPCS), is proposing a pre- Kindergarten through 8 grade public charter school for the Jefferson County School District at 4725 Miller Street in Wheat Ridge. Projected enrollment for the 2011 -2012 school year is 281 to 300 students; a minimum of 281 students is required for the school to be financially viable. The projected number of faculty and staff is 38 individuals, of which 21 would be full-time staff. MPCS plans to lease the site and future expansion plans include construction of a new building and enrollment of up to 400 students. Short term expansion plans may include use of temporary classroom trailers to accommodate 24 students in each. MPCS currently has a smaller campus in Coal Creek Canyon, and the Wheat Ridge school is considered the "town- site' for the two sister schools. Both are operated under the Waldorf model of education which incorporates arts education and experiential learning. As a Jefferson County public charter school, the service area for the Wheat Ridge campus would include students from across the County. Public and private schools are special uses in the R -2A and A -1 zone districts Will a neighborhood meeting need to be held prior to application submittal? Yes, a neighborhood meeting will be required prior to application for a Special Use Permit. Planning comments: The property at 4725 Miller Street is zoned Agricultural -One (A -1) and Residential-Two A (R -2A). In both of these zone districts, schools require a special use permit (SUP). Special uses are discretionary uses which, if properly designed, developed, operated, and maintained may be approved in a zone district where the special use is permitted. Through the SUP process, staff and applicants consider the impacts of the special use on surrounding land uses, the street system, and public services or facilities. Attention is devoted to mitigating the potential negative impacts_ A special use permit can be granted administratively by the Community Development Director or by City Council. The SUP process can take one and one half months if approved administratively, or up to three months if a public hearing is required. The property at 4725 Miller Street is the site of the former Foothills Academy. Foothills opened in 1987 as private school; at that time schools were a permitted use in the A -1 zone district. In 1989, the zoning code was amended, and private schools became a conditional use in the A -1 district. Pursuant to this change, Foothills Academy applied for and received a conditional use permit (CUP) allowing the school to expand. In 1992, Foothills was granted another CUP for a physical expansion and increased enrollment. At this time, the school added a high school component and started serving grades K through 12. Approval of the 1992 CUP required a traffic impact study, a recorded site plan, and improvements along Miller Street and the I -70 Service Road. 2 In 2001, Foothills applied for a third and final CUP_ The CUP was approved with many conditions, including an enrollment cap at 250 students, a required Neighborhood Traffic Mitigation Plan for Miller Street, restricted parking on Miller Street, required landscape buffering, and a required drop -off lane along the I -70 Service Road. With the approval of the CUP, Foothills recorded an updated site plan. Issues related to traffic and parking were of primary concern to the surrounding neighborhood and to the City; approval of the CUP required Foothills Academy to address these concerns. Shortly after the 2001 CUP was approved, the City's zoning code was updated and the conditional use permit was replaced with the special use permit Special use approvals can be vested with the land in perpetuity, can be granted only to the applicant, or can be granted for a specific period of time. Most often, the SUP is granted only to the applicant Because the 2001 CUP does not run with the land and because Mountain Phoenix Community School anticipates enrollment above 250 students, MPCS will need an SUP to operate a school on the property at 4725 Miller Street Please see the process section below for more information about the SUP process. Given the applicant's tight timeline, staff recommends two separate SUP requests. In the short term, MPCS should apply for an SUP requesting operation of a school with X enrollment. A traffic study will be warranted by the expansion request, but fees and other requirements will be reduced because there is no physical expansion or construction associated with the request Staff recommends immediately contacting the City's Building Division to ensure that the capacity of the current buildings meet the needs of the school. The Building Division may be able to offer a courtesy inspection. After the applicant receives SUP approval to operate, staff recommends a second SUP request for physical expansion. The second request will likely be a lengthier, more expensive process. For example, a site plan will be required and the proposal will need to meet site drainage and water quality requirements. Please see Public Works comment section below. If the applicant requires the use or temporary classroom trailers at any point, a Temporary Use Permit (TUP) may be required. It may be possible to combine the TUP application with the SUP process. The applicant may explore this option with planning staff in the future as expansion plans develop. Process The request to operate a school will require a Special Use Permit. The first step in the SUP process began with the pre - application meeting on April 28, 2011. The second step required by the Community Development Department will be to conduct a neighborhood meeting. For this meeting, the applicant must notify all property owners within a 600 -foot radius of the property. Notification may be via mail or hand delivery. The Community Development Department will supply the applicant with a list of all property owners within the 600 -foot radius. A sample notification letter will be provided and can be used as a template. The letter will need to be approved by a planner before it is mailed. The meeting should be coordinated with the assigned staff member_ A fee of $100 is required for staff to be present at this meeting. Meetings can be held at City Hall or any location the applicant desires. All costs associated with meeting, its location, and mailings will be paid by the applicant. The meeting will be led by the applicant and should inform those who are in attendance what is being proposed. After the neighborhood meeting is held, the applicant may submit their application for the Special Use Permit. Upon the submittal of the application for the Special Use Permit, the application will be reviewed by the case manager and sent to outside agencies for review. This referral period is 15 days long and allows time for agencies to comment on the application. Modifications to the application may be required as a result of these comments. Once the review of the application is complete, the property must be posted for a minimum of 10 consecutive days. In addition to the sign, the Community Development Department will send written notification of the request to property owners within 300 feet If no legitimate complaints regarding the request are received within the 10-day period, the application for a Special Use Permit may be reviewed administratively. If a complaint is received by the Community Development Department, then the request for the Special Use Permit will be decided upon at a public hearing before the City Council. If the application is reviewed administratively and denied, the applicant can be appeal the decision to the City Council. If a hearing before City Council is required for any reason, the neighborhood will be notified and the property shall be posted for a 15 -day period. At the public hearing staff will present evidence to recommend the approval, approval with conditions, or denial of the Special Use Permit. The public will be allowed to present evidence or give testimony in support or in opposition of the project. The City Council will approve, approve with conditions, or deny the project based on the testimonies given by staff, applicant and the public. Architectural and Site Design Manual (ASDM) The Architectural and Site Design Manual (ASDM) does not apply in this case. Building Division comments: The building division was not present at the meeting and has no comments at this time. Public Works comments: Traffic MPCS will serve grades pre -K to 8, so drop -off and traffic flow will need to be addressed by the applicant Miller Street is built to local street standards, but functions as one of the only collector streets in the area. The Public Works Department will require a traffic study to identify any traffic impacts associated with the school's operation and enrollment. The traffic study should incorporate the school's operational standards. For example, if the school enforces drop -off /pick -up on the I -70 Service Road, the assumptions in the traffic study should reflect this policy. Drainage Any physical expansion will need to meet water quality and site drainage requirements. The site plan recorded with the 2001 CUP includes an unbuilt 20,000 square feet gymnasium on the western half of the property. Since that time, site drainage requirements have changed. If the applicant intends to construct the proposed building or any other new structure, the new drainage requirements will need to be met. 11 As proposed structures get larger there are increasing site drainage requirements, and a significant threshold is 10,000 square feet of new impervious (disturbed) area A building footprint of this size or larger triggers considerably more (and more expensive) drainage requirements. When the applicant is ready to seek an SUP for physical expansion, a preliminary drainage report will be required with the SUP application. A final drainage report will be required with the building permit application. Attachments: Pre - application transmittal sheet Public Works requirements Phone Numbers Meredith Reckert — Senior Planner Sarah Showalter — Planner II Lauren Mikulak — Planner I John Schumacher — Chief Building Inspector Dave Brossman — Development Review Engineer 303 - 235 -2848 303 - 235 -2849 303 - 235 -2845 303 - 235 -2853 303 - 235 -2864 5 EXHIBIT C U FOOTHILLS ACADEMY 0 400 Feet VICINITY MAP R- EXHIBIT C U FOOTHILLS ACADEMY 0 400 Feet VICINITY MAP MEMORANDUM DATE: April 24, 2011 TO: Wheat Ridge Planning & Zoning FROM: Donna K. Newberg -Long, Ph.D. — Principal — Mountain Phoenix Community School RE: EXTENSION OF EXISTING CHARTER SCHOOL TO FOOTHILLS ACADEMY SITE Overview Mountain Phoenix Community School is a charter inspired by Waldorf Education in the 21 Century, infused with the arts & enhanced by experiential learning. Its existing school is located in Coal Creek Canyon & is proposing to satellite its Charter to a second campus in Wheat Ridge at the former Foothills Academy School site located at 4725 Miller Street near to the 1 -70 — Kipling interchange. The 'Satellite' School — Mountain Phoenix Community School -Wheat Ridge — is on schedule to open for classes in August 2011, with support of the Jefferson County School District. The approved budget proposal was submitted to the district on April V, & the first funding installment from Jeffco School District will take place as of July 1, 2011. Projected enrollment is 281 -300 students for the 2011 -12 school year at the Wheat Ridge Campus. The Mountain Phoenix conceptual curriculum approach presents a "tuition -free' 21'` Century Waldorf - Inspired Education. It is incumbent upon parents to be actively involved from the initial commitment of registering their children— to accountability throughout the school year that imbues their students with a most unique public education experience in a private - school environment. Strong academic curriculum within classical liberal arts education is a proven formula to foster creativity and imagination. Above all, it teaches students how to think which bodes well in competitive public- required standardized testing. The school's philosophy extends to the development of good citizens who will contribute to society through their work & stewardship of the world in which they live. It is intended that this charter will serve grades pre -K -8 with some mixed -age classrooms, and plans expand up to an estimated 400 students in subsequent years. Based upon community demand as well as response to continued Colorado Department of Education reductions in 'Per- Pupil- Operating- Revenues' in future years, there may be consideration given to submitting an application for use of portable buildings at the Wheat Ridge site, possibly within two years — these modular buildings are comprised of 1,OOOsf each to house a classroom of 24 students. The faculty and administrative support given to this MPCS -Wheat Ridge 'town site' for the 2011 -12 school year includes: K -8 School Faculty = 15; School Administration - Clerical Positions = 4; Classroom PARA (Part -time Support Personnel) = 8; Before /After School (Part-Time) = 4; Pre -K Staff = 2; Pre -K PARA (Part -Time) = 3; Special Education & Special Curriculum Staff (Part -time) = 2. As such, from among the total payroll of 38 individuals at the MPCS -Wheat Ridge campus, the permanent full time School Staff equates to just 21 with rotations for the others typically on a part -time basis: PARAs @ 20 hours /week; 'specials' @ one to two days weekly for .75 hours to 1.0 hours classes. NOTE: The use of modular buildings in open space adjacent to the west side of the science lab buildings, next to and within the area of the 'L- shaped' northwest parking lots' configuration, has been determined to be an ideal location by Mr. Tim Reed at Jeffco School District's head of facilities (see below). Mountain Phoenix's Coal Creek Canyon site is expected to continue as a small, mountain school taking advantage of the mountain environment in which it will be located for nature studies and outdoor activities, as well as classrooms. It is envisioned that there will become a symbiotic— mutually beneficial 01 — relationship between these two 'sister' schools inclusive of cooperative 'outings' and unique, curriculum enhancements as per specialty - curriculum- sharing- synergies — cooperative actions — as well as sharing certain economic overhead costs common to financial enterprise requirements at both campuses. Conditional Use Permit —A -1 Zoning for Public & Private School Use There will be no change to the site or in the use of the site, formerly known as Foothills Academy. All five (5) buildings will remain in use just as they have been. To this end, they have been evaluated, personally, for suitability by Mr. Tim Reed — Director, Capital Programs Facilities Planning at leffco Public Schools Facilities Planning & Construction Division. At the end of his extensive 2 -hour evaluation /inspection, Mr. Reed said, "...There's nothing to preclude Mountain Phoenix from using this school for its intended purposes and taking advantage of this opportunity...." (April 1, 2011). Property Owner Mr. Dennis F. Coughlin — President — Coughlin & CO (1440 East 19` Avenue, Suite 700, Denver, CO 80203 -1035) — is the bondholder and bondholders' representative for the investment group which owns the former Foothills Academy property. This ownership is inclusive of the 7 -acre site, buildings and the entirety of all contents including personal property, school supplies, FF &E, located on the premises. The Lease Agreement terms are currently in the process of being finalized. Students & Special Programs Students ages three to fourteen will be served during the school days. Students from Wheat Ridge and surrounding areas will attend the school. They will arrive at school in carpools from Golden, Evergreen, the City of Denver, Arvada, Westminster and as far north as Superior. The school offers programming for preschool, kindergarten, elementary grades 1 through 8, Before & After School Programming, as well as Summer School beginning in 2012. Impact Mountain Phoenix will provide important services that are needed in Wheat Ridge. (See above.) The school will draw a population that will enhance the economy of Wheat Ridge through frequenting restaurants, hotels during possible educational conferences, and everyday life in the community. The school will enhance the image of Wheat Ridge in providing an excellent school for the community's children, unique in aspects respected by research and inclusive of arts programming at a time when most schools are cutting such programs. The school also holds fundraising events throughout the year that will bring people to Wheat Ridge, including our Winter Faire that touts artists and handmade gifts for the winter season of giving. Such artistic outlets will draw people to Wheat Ridge as a center for unique fairs and festivals. The campus' lovely courtyard is the perfect place for artisans to sell their wares. Long -Term Perspective As we finish the first decade of the 21st century and start the second one, it is clear that the problems in education that plagued the 20th century remain with us. Charter schools are the most vibrant force in education today. This phenomenon suggests that their legacy will consist not only of helping millions of families obtain a better education for their children but also in renewing American public education. Today's parents are demanding more, high quality public school options, and charter schools are answering that call. It is widely believed that the entire school system is strengthened when choices and options such as charter schools are made available to students and families. When families are 6 empowered to make decisions about their children's education — ownership, parental involvement, and accountability are all increased. The volatility of the 'state of education' in Colorado — as it is throughout the United States — is a difficult perspective to ascertain on a long -term basis. That is why, the volume of students needs to be at the forefront of planning. Waiting lists provide a comfort zone. The 'No Child Left Behind' Presidential and Legislative mandate translates into being responsive to every student's needs while constantly balancing and fine - tuning the budget to ensure economic viability. With diminished revenues per student for operations, the natural course of this balance requires there be more students, and, more students per classroom. The average number of students per class at 20- 21 will without doubt increase to 24 -25. And, as been described previously, the number of classrooms, be they modular, will also undoubtedly increase as well. As such, Mountain Phoenix— Wheat Ridge, without doubt, will be expanding its enrollment numbers in the coming years. We are as yet not clear what numbers for occupancy on the Wheat Ridge campus. As appropriate, Mountain Phoenix will communicate and routinely inform Wheat Ridge Planning and Zoning of these intentions to expand and potential for change. Service Area The "choice- enrollment process" in Public Schools in throughout the metro - Denver area will continue to change in the coming years given the track record which has shown more parents are aware of their options and to remove barriers to access by providing parents' ability to drive their kids to school while School Districts work towards standardizing enrollment applications. At a student enrollment of 86,000, Jefferson County's number of school age children is the largest in Colorado. Second only to Denver — yet, Denver families are able to make the choice to choose a Jeffco Charter School such as Mountain Phoenix — there are 26,660 family- choices being made that locate school -aged children out of assigned public school campuses. The MPCS 'town site' approximately "equal- distanced" not only between Golden and Boulder, but also between Denver and the western Foothills, shows a dynamic site situated at some distance from two Waldorf Schools in the Denver metroplex — Shining Mountain School in Boulder and Denver Waldorf School in southeast Denver. The school's excellent 'easy- access' location as well as its access /visibility along 1 -70 at Kipling, in close proximity to major highways, the 'town site' school property has a high level of marketability and potential for growth. Given that the Colorado League of Charter Schools estimates 41,000 students are on waiting lists to get into Colorado Charter Schools, an extrapolation of this pent -up demand puts the 'choice' preference at roughly 107,200 — a factor of 1.62 X of available space. For Jeffco this translates to roughly 8,855 —just over approximately 10% of the District's enrollment. Accordingly, Mountain Phoenix is the only tuition -free Waldorf- inspired Charter School anywhere in this service area — MPCS is the first of its kind with such an educational offering. With the recent estimates of 26,660 students in Jeffco seeking alternative choices of schools, the MPCS Wheat Ridge site has only to garner a market share of 1 %— i.e., 300 of 26,600 —to be established with viability. In Jefferson County, 31% of students attend a school other than their neighborhood school, including 5,500 that attend one of Jeffco's 15 charter schools — the highest number in Metro Denver. Given this relative large number of charter school facilities in the Jeffco regional area, which have been established in the past few years, there appears to be a market for these assets from established charter schools. Quality Education Mountain Phoenix's experienced team has successfully developed a curriculum criterion that has allowed our charter school to perform competitively, thus providing an alternative choice — getting the word out to more families to take advantage of a school with a Waldorf- inspired, arts - infused curriculum. Mountain Phoenix Community School Founders realized that academic performance is paramount in an environment of educational choice. Parents consistently look at academic performance as a key criterion in selecting a new school. Mountain Phoenix reflects a woven balance of the time - tested Rudolf Steiner concepts to learning which incorporates 'head, heart and hand' approach melding in standards -based public education requirements, combined in a curriculum model. Incorporated together, Mountain Phoenix provides an excellent traditional education in math, science, history, and English, together with performing arts and exploratory learning (e.g., rocketry) meant to advance the student to learn how to think creatively. This Standards - based, Waldorf- inspired curriculum used in Mountain Phoenix schools are well vetted before implementation. Best Use — School Site 'Legacy' MPCS —Wheat Ridge has already fostered a strong parent pool of support in order to successfully achieve survivability and maintenance of its schools. Parents will be assured that MPCS can comfortably continue the legacy of a school site that's been in existence on this property for 27 years (since 1984). Most convincingly, this location has significant social benefits — educating children to a high standard. Mountain Phoenix will continue this legacy forward providing a tuition -free, private school- oriented curriculum —a school inspired by Waldorf education in the 21'` Century. Economic Draw Non -local parents dropping off their children each day, as well as a school calendar marked with a number of school -based fairs and celebrations, will from time -to -time have a high likelihood of availing themselves of local retailers and merchants. As well, with the uniqueness of the Waldorf- inspired curriculum, there are expected to be seminars and conferences taking place at the school with out -of- town travelers utilizing the neighborhood's motels and restaurants. Professional Leadership The Principal of MPCS, Donna K. Newberg -Long, Ph.D. (University of Denver — Educational Administration- Leadership), has been in the forefront for the past 30+ years in helping to develop a favorable environment for private Waldorf schools (Hawaii, Seattle and Denver), a core - knowledge charter school in Lafayette, Colorado — Peak to Peak Charter School — as well as working for Denver Public Schools specific to curriculum development and school improvement. Dr. Newberg -Long has always sought to identify the best pathways for students to flourish — learning to think creatively. Dr. Newberg -Long understands the economic impact and social importance of education for the future of America via charter school approaches that need to be manifested with measurements of success in order for there to be comparable judgments and testing standards that demonstrate that charter schools will meet the challenges needed for improvements to education. 1! Dr. Newberg -Long understands the importance of the "parent- team - commitment" to ensure that a charter school's facility obligations are established in support of a unique curriculum by an experienced team with expertise to anticipate and prepare for students' needs as well as operational viability. Physical Description The Wheat Ridge 'town site' buildings include: (1) the 3 -story Administration Building — an historic former stagecoach stop dating from 1900 (known as the "Main" Building) contains 5,860± square feet inclusive of upstairs business offices, multiple faculty offices, library, spacious dining /lunchroom area and licensed kitchen; (2) the multi -level "Barn" building (4,870± square feet) with 3 classrooms intended for kindergarten downstairs and 2 for classroom education upstairs with room sizes ranging from 690 SF to 750 SF — individual room occupancy ranging from 15 to 17 occupants (80 projected occupants); (3) known as the "Great Hall," this one -story building contains 3,480± square feet, is a spacious - natural light multi - purpose room (gymnasium, meeting room, theater, auditorium, etc), and various storage areas allowing for a total of 100+ occupants; (4) two -story "Faddick Hall" with 4,820± square feet comprises two pre - school area rooms as well as three upstairs classrooms; and, (5) the 3 -story "Upper Building" (built in 2002) of 13,065± square feet is intended to be the mainstay grade school building able to have 4 classrooms both upstairs and downstairs intended for grades 1 -3 at two classes each and one class each of 4th & 5" grade. It has room sizes ranging from 690 SF to 750 SF — individual room occupancy ranging from 20 to 24 occupants (190 projected occupants), this building also houses a computer lab, 3 science labs and a multi -level platform -built music room (known as the "Founders Room "). The facility's total maximum occupancy as defined by the Jefferson County Planning Department is for a 300 -325 student body. A pre- approved P.U.D. (Planned Urban Development) has been reported to allow for 2 more buildings and /or expansion of existing facilities. The anticipated potential student enrollment is upwards of 400 students at this Mountain Phoenix —Wheat Ridge site. It is our hope Wheat Ridge Planning Department will expedite our application for approval of the required Special Use Permit and allow us to open the school and take over the site on June 1' 2011, or as soon as possible. Again, we will not change the use of the property in any way from its original Lessee, Foothills Academy. We would also ask for approval to expand the facilities to allow for increased enrollment in future years to assure our continued financial viability, as education budgets continue to be decreased during these difficult economic times. Timeline 4725 Miller Street (former Foothills Academy) 1987 . Foothills Academy opens. They convert an existing farmhouse and barn on the site to classrooms (at that time, zoning allowed private schools as a permitted use in A -1 zone district). 1989 • In June 1989, Ordinance No. 796 designates a private school CUP -89 -01 as a conditional use in A -1 zone district • Foothills Academy applies for a CUP to expand. They relocate a 4,500 SF structure onto the northern parcel to be used for classrooms. • Included in the approved CUP: relocate 4,500 SF structure to north lot; relocate main entrance from W. 47 Place to Miller Street; western half of Miller Street to be built as a Collector section (which allows for on- street parking) 1990 C.O. issued for new building at school. Street improvements on Miller Street required per CUP -89 -01 were not completed. 1992 Foothills Academy applies for a CUP to expand. This includes CUP -92 -01 new square footage for new buildings, as well as expanding the number of students and grade levels served. • Students are expected to increase from 150 to about 210 • Grade levels will increase from kindergarten to 8th to kindergarten to 12th • A new site plan is approved as part of the CUP and recorded as an "Official Development Plan." The site plan shows a five -year phased expansion plan: phase 1 is a new 4,850 SF community building and several building additions; phase 2 includes construction of a 5,000 SF classroom building, an ancillary storage structure, and an increase in the Miller Street parking area by 16 spaces; phase 3 is a new 7,000 SF gym and additional parking accessing the Frontage Road. Staff recommends adding parking at earlier phases in their staff report. • The approved CUP also requires installation of curb, gutter, and sidewalk on Miller Street and the I -70 Frontage Road • Traffic impact study submitted as part of CUP and no significant impact was found 1993 According to the staff report for CUP- 01 -01, a building permit is issued for a 3,500 SF classroom building. This was 1000 SF in excess of the approved SF for the building (per CUP- 92 -01) but the owner agreed to a corresponding reduction in SF for future buildings. 1995 Art room addition - permit files stop before C.O. 1997 C.O. issued for dining hall addition and kitchen remodel 2001 • Foothills Academy applies for a CUP to expand in A -1 and R- CUP -01 -01 2A zone districts. An Outline Development Plan was recorded as part of the approved CUP. • The expansion is not to add any new buildings from those approved in CUP- 92 -01, but to allow some of the those buildings to be larger to accommodate more students. • CUP is approved with many conditions including: maximum number of students will be 250; a Neighborhood Traffic Mitigation Plan for Miller Street must be completed (for Miller between W. 44th and the Frontage Road); upon completion of the west parking lot and drop -off lane, no parking will be allowed on the east side of Miller Street during school hours; landscape buffering between the school and adjacent houses must be provided; a drop off lane along the Frontage Road must be completed with the first building permit. • A traffic impact study was completed as part of the approved CUP 2001 • Consolidation plat for Foothills Academy approved LLA -01 -03 • As part of plat review, PW says that the requirement for curb and gutter on the Frontage Rd can be waived if the roadside safety design has met CDOT standards 2001 • Neighborhood Traffic Mitigation (along with Compass Montessori) is completed. Foothills Academy will move the majority of its traffic from Miller Street o the Frontage Road with a new drop -off and pick -up lane along the Frontage Road 2001 - • Building permit issued for expansion, pursuant to CUP- 01 -01, October with conditions 2002- • C.O. issued for new building Sept 2003- • Letter sent from Planning Division to Foothills Academy January notifying them that the pedestrian access between the fences on the south side of campus (near W 47th Place) be removed. 2 PreappNo: APP3114 PreappDate: 412812011. ApplicantName: ' Donna Newberg -Long for Mountain Phoenix Com. School Project5treetNo: 4725 Miller St. Le�reappFeePd PreappFee: a —w NbadmeetingDate: [� NbadmeetingFee: /0 $0 Notes: Case #: Permit #o... Record: 11 ]a 408 ©N, ►* of 408. Tim on CITY OF WHEAT RIDGE,_m- 65/83/11 9:84 AN edbb Principal c. 303 - 246 - 5444 NEWBERG— LONG /DONNA K a; ?p:. p.303- 238 -5580 RECEIPT NO01886153 AMOUNT f. FMSD ZONING APPLICATION F 388.88 Accountable Care Hospital Development ZONE SMART Hospital + PCPs + H.I.T. Quilola @Hotmail.com FMSD ZONING MISCELLANEOUS 2.58 10661 Utrillo Lane ZOMI Northglenn, CO 80234 PAYMENT RECEIVED AMOUNT VS 6725 382.50 Auth Code: 886064 TOTAL 382.50