HomeMy WebLinkAboutSUP-94-1~
N~ni/-~ ~~~ > ~2~1-- ~-4~gS
rna ony or
ADMINISTRATIVE PROCESS APPLICATION
~Wheat
~Rid~re Department of Planning and Development
L~ 7500 West 29th Ave., Wheat Ridge, CO. 80033
Phone (303) 237-6944
Applicant~G~ Ff1R~'PY Address3441 Fenton street Phone~~R=~26~_
Address ~da~ Fani-~n StYPPt phone~~R_~~~~
Owner Rose and Huah Foster
Location of r~quest 3516 Jay Street ~'~ 353~ J~Ey 51':
Type o£ action requested (check one or more of the actions listed below
which pertain to your request.)
~ Change of zone or zone conditions
~ Site development plan approval
Special use permit
~ Conditional use permit
~ Temporary use/building permit
~ Minor subdivision
Subdivision
8 Preliminary
Final
[] ** See attached procedural guide
for specific requirements.
Variance/Waiver
Noncon£orming use change
~ Flood plain speci.al exception
Interpretation o£ code
Zone line modification -
~ Public Improvement Exception
Street vacation .
Miscellaneous plat
_ Solid waste landfill/
minerai extraction permit
^ Other
Detailed Description o£ request ~i,anae zone to RC-1 for use as a ~rild r_are
~t?ni'ar -•i P~e.~tM~n~ ~i~~Ri .e.~ ~-Z -.~ . . -- , -
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List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc. .
NAME ADDRESS PHONE
Rose and Huqh Foster 3447 Fenton Street Wheat Ridqe 238-2202 ,
I certi£y that the in£ormation and_exhibits herewith submitted are true and
correat to the b~st of.my knowledge_and that in £iling this_application, I
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested actior, cannot lawfully be accomplished.
Applicants other than owners must submit power-o£-attorney from the owner
which approved o£ this acti ~, is ehal£.
Signature o£ Applica~t ,~=:.-~~~,`~~ ` _
.~ / ~
Subscribed and sworn to me this JLI~ day of A/la y , 19 '~(3 _
n / ~<-j
! iJY~/~ .~~.(~.~%l~lZ ~~.. ..~,,,~, ~Y~,r~~: i~~e 2~, ,
_ Notary Public a~c~ ~~~;~~~~ g~jg.g;~$r~
SEAL Wh~3al L~;d~+~~, ~ED~e~ 8b~ll:~~
- My commission expires -
Date Received ~~1 ~~~t~_ Receipt No. ,r751Z~ Case No. 4
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~/~ ',; WARRANTY DEED
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~~ THISDEED~Ma~mis 28th dayat JU1y •~987 ~
'I 6etaeen
ii HUGH J. FOSTER and ROSE GLORIA FOSTER
j 344I Fenton Street, Wheat Ridge,
' or~he •
~,w„y~ Jefferson ,s~morcmonao,B,~man~a
NTNA FORGO, 890 South Saint Paul Street,
~ Denver, CoZorado 80209
~ ~ whou legal add2u is
ofm° City & ~a+^~r°~ Denver
_.~._.__...~..~._.. _
RECORDED IN ~~~ ~~~~ ~~_ "'°~
COUMTY OF JEFFERSON.` F^ ~~
8'fA7E OF COLORADO
RECEPTION N0. 87099424 '
08/04/87 'IOx1S 15.10
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Su~e or Colaado. 8~(sY•
~~ .....,~er[[.r~me~~.~.r«ama~;a~ar~wmor, One Hundred TwentY-One
~ Thousand and No/100 ($121,000.00)-------------------------- oouuts.
' Wc~eceiptandauffici<ncyofwhichishe¢byacWowlN6ed.ha Ve grantcd.bugaineC.soldWca~~eyed.tqdbythaep¢tt~sdo ~t.
bazgain. ull. mmry. aM confi1m. unm thc gnnt«(q. IlOr heus and assigns (aeve5 alI iLe ml papeny~ Wjdhu v46 ~...,, ..
u I~ if aoy. siWa~c. lying W being in ~he Counyt of eg e qIy Co~Ip...~..do.~,
`Q I~ ' ~ desaibed u folloux: 2'lldt [JaX't Of ~}72 WPSt ],~2 OT Y.~32 ~11~1B~S~s i/4 Ot ~IE awa 4stu6 ~ J,/4 ~
Q\~ i ~ of-the Northwest 1/4 0£ Sectiai 25, 7bcaiship 3 South, Razge 69 West Ia~own as ac~d
~"~ ~ referre3 to as Fart of Ints 8 and 9. ,,..~~vt,r.' F~IGFIIS. more g~rticv]arly de~^^~3
a~~y, i as follvas: Beginning at a point 168 feet North of the Saud..~,. ,,,,....4 of a::id
~~I Int 8: thenoe continuiaxJ Norrth on West line of sa.id Iot 8, 125.22 feet, more ar
° ~ less to a point 139 feet South of North line of said Iot 9; thence East and paral
~ a I lel ta said Rbrth line of said Iot 9, 125.67 feet to a point 100 feet West of
Fast line of said Int 9; thence Sauth and parallel to East line of said Iots 8
; and 9, 125.22 feet to a point 168 feet North of South li.ne of said Iot 8~ the~Ce
~IWest 125.67 feet to p~int of beginning, County of Jef.ferson, State of pplorado, i
~
~ ~ ~lso knmvn by sueet end number u: 3536 Jdy StL2Et ~ L4hEdt R].dcj0 ~ CO1pYadp. . ~~
~~
''~ ~ TOGGTHER wiih aif md singulaz ~he hcisdilamems a~W appunmances thertto belonging, w in snyviu appeNining, wl lhe m~afiap ~od ~
~~everslons, xmninder and ttmainders, rents, issun and pmfits ~heaof. and all the estalc. right. title, inmrcst. cltim and demuW wlWxonv u( ~he
', 8eantaRx), either in Iaw or equily, of, in and l01M1e above bar~aircd prcmises, wiilt 1Fe hemdilartrcnts and appurtenances.
~ ~ TO HAVE AND TO HOLD ~he wid pmmises abov< bargained and deuribed with ihe appurtenances, unro the gnnme(s), heT htut ~od
~~ a~signsfarevcrAndtfieg~am.r(s).for ~~ xiVES~ t]1P,1~einanlpenonalieprcsentaliws,do cwedot,ymt,bugaln,aod
;j ag~ee~oandwith~heSruntec(sI• ]leYheinandassigns,thatetthe~imeoFtheenxalinganddelivayottheup¢sena, tYl@17 are y~tl
i~ seizcdof the poemises abwe conveyed, ha V 0good, surt,pedecA absalum and indefeasible etule af inherilance,in law, in fee fimpk, tnd
~~ 1u Ve gaodright.Nllpower~~dawhorirytogrant.bargein.sellandconveylhesameinmannerandfafmas~forcssid.udtlutt6es~momfiee ~
~ andcleer[mmaqfoemcrandolh<ry~ nlx.bazgains,sales.lienaJuxes.a~sessments.mcumbnnces.endmWcUamofwhainerkiqdonunueweu~y
cxccp~ general taxe: for the year 1987 and subsequent years;
The ~ranmrts) shatlandwill WARRANfANDFOREVERDEFENDtheabax~bargainedprtmixesiu~hequietandpeacubkpos~p:bppfihe
~„k~~~~, her hishcirsandazsigns.asainstallandcv<rypersonarpelwnslawfullyclaiming~hewfroltoranypartlhertoE
[N WITNESS WHEREOF. the gnmor(s) ha V0 ex<cukd ~his JeeJ on ~hc dxte ~3.fanhelKwe. .
~isv ~.5~ ~
Hug J. oster Rose G2'oria P`szt~r
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.'' ~ J y~, ~STNE OF COIARADO ~ I
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~~ ~GC~yator Jefferson
mgpm~tn~qjepi''we~aCfuuiwledgedbetnrcmethis 2$th ~yof JU].Y .19 $7 .
~ h`,~J;'~'~ter and Rose Gloria Foster.
~ .~~,',~~ eL' Wi[ne~.i my ~p~d uffici' ~ . . ~ • •`
~ "`~y~r. t~e~i., v~.qt~
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~u6rY]ude ~ : . ,M
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..a.,w September 3, 1965 ~ y ~
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sa.... RAYMOND H. PETLA and KATHI.EEN E. PETLA
s^~.~~. ~+ NUGH J. FOSTER and AOSE C. FOSTER I
a••~.«.
WCINESSEIH. W.~ V. owx, fn ..d {~ cr. W..~Iw ef ~5.... •! a. anl4n vdeJ.. v.f.Sb ewWenlx.
aedpt wbreM b~ck~nvLd{N. bY LLue posb Lw~ But. Yu4V. uii, aw~q ui cediv m~ J~y auu. b
j~19u~<NGIo ~w~I1~.,yA~.aibMn~IMeP~>~GU~.1~Jr GwY~f JtFFOTGOi1
Thet part of Che W~S SE} NE} I.'W} Sectian zs, TownsF.,~ .. c~~cn, se~8e
69 West known es and reFerred to as part o£ LoC a~ CAnway Heights~
more parCicularly described as £ollows: 6eginai~~g at Southwest
corner of sald Lot 8; thence ,7orth 168 feeC; [hence Bast 240 fect;
Chence South 168 feet~ [hence WesC LSO feeC to beginning~being the
premises known as and mimbered 3516-18 .lay Street.
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TOGEl51ER .iiY ~il ~~t'.u~.fu il. 1w.dit~~r~. ud ~vp~~rn~ Jr~eWo MbyN{. m b~p.b~
~ppemid~6.
TO fiAVE AND'f0 HOLD ur .•Y r..l ~.op.n~..hY 6~ ~nw~rw ~:• h• g.W.n. WM MN d
u~ipt {e~M1U. A~1 IM 6tlbt~ IM \1~uLI~ ~M MM~ ~i~e~~N\ W JWb4Nw ~M~ CAAYt ~~ Y~ ~{ly IM
~m.e.. dm M4..d u.ip~ Jn a i4 ~M~ J iM nrJ W W Mltss d ~Mw m M 4.~Y r1~J N
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6~.rrt ut la~ ~fa.uY. u1 LLu J. ~u~ w M~J eL.r t~ JI Irrr u~ Wx ~ru~ WpY~.
wtn. It.~~. ua~~. . ~~i.~cukua~ A ~1u~rw kW r utw. ~m~N Wlh~ 7Ywl OI~MCt wr•
u 111 ..il p.Nnr 6~IJN LL. D6uin) M)Jb a Jd~q 1 m~ fdlMq ~M 1~~ d di~ Iw1. q~ Y
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~A~~~ •II uJ ~~~ qM1O~ a~«~a~ I..h1ir ciLL~ly s 1~ cl~l~ ti~ ~~~1~ r uI Mn ~nJ. ~M p~ur ~i.0
W .1IItARFtANT AND FOREV€R DEFQtD.
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M~RAYf~yr~p~~ff; PBTiA and KATHLEEN E. PE.'[lA
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~"r.~«~ November 14~ 1966
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NOTICE OF.NFIGH~ORHOOD INPUT MEETING
Rose Foster IS PROPOSING A REZONING FROM
R-~- TO RC-1, "';i'-'~~~.~.s"--~:- '-tsv
A SPECIAL USE PERMIT FOR ch11~7 nara. lar~a nantar ON ['ROPERTY LOCATED
AT 3516 Jay Street Wheat Ridae ~ .
THE LOCATION OF THIS MEETING IS 3536 Jav Street
THE TIME AND DATE FOR THIS MCETING IS Mav 20,1993 6:30 p.m.
THE PURPOSE FOR THIS PROPOSAL IS to chanae the zonina for the ournose
ex~andina the ~u,rr~n± child care facilities to 3516 Jav Street
The City of Wheat Ridge has adopted a requirement that, prior to
application for rezoning of pro~erty to a higher use, or for
properties in excess of one (1) acre, and for Special Use Permits
which allow a special use of land, an applicant must notify all
residents within 600 feet-and invite them to a Neighborhood Input
I•ieeting. The purpose for this meeting is to allow the applicant to
present his proposal to the neighborhood and also to allow the
nei3hborhood to express directly to the applicant, their concerns,
issues and desires. The 1<inds of concerns residents normally have are
as follows:
~c Is the proposal compatible with surrounding land uses and zoning?
~1c Are there adequate utilities and services in place or proposed to
sarve the project?
~ What is the impact on our streets?
* ldhere will the storm drainage go?
~ Elow ~aill 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?
Aft=r attending the i~lei~hborhood Input Heeting, please use the
following space and the back of this form to list any specifie
concerns, issues, or suggestions which you may ltave regarding this
proposal. Please sign it and give it to the applicant, as he fs
required to provide these forms to the City along with his
application.
~
7500 WEST 29TH AVENUE
P.O. BOX 638
WHEAT RIDGE. C080034-0638
(303) 234-5900
City Admin. Fax # 234-5924
October 8, 1993
Police Dept. Fax # 235-2949
•
The Crty of
~Wheat
~Ridge
The Wheat Riclge Department of Community Development has received a request
for approval of a rezoninq from Residential-Two to Restricted-Commercial
nna w;th restricted uses _ _ __
' at the property described below.
Your re~r~,.se to the £ollowing questions and any comments on this proposal
would be appreciated by October 21, 1993 .. No r9sponse from you by this
date will constitute no ob~ections or concerns regarding this proposal.
CASE NO: WZ-93-5: Fargo
LOCATION: 3516 and 3536 Jay Street
REQUESTED ACTION: Rezoning from Residential-Two to Restricted-Commercial One
PURPOSE: Convession of existing residence to pre-school and kindergarten
APPROXIMATE AREA: 16,000 square feet
1. Are public facilities or services provided by your agency adequate to
serve this development?
YES NO If "NO", please explain below.
2. Are service lines available to the development?
YES NO . I£ "NO", please explain below.
3. Do you have adequate capacities to service the development?
YES NO . If "NO", please explain below.
4. Can and will your agency service this proposed development sub~ect to
your rules and regulations?
YES NO . I£ "NO", please expla3n below.
5. Are there any concerns or problems your agency has identified which
would or should affect approval of-this request?
Please reply to: ~"~~,rq~~sC~{~/C~,~f~ nrt_ Reckert
~epartment of Planning & Development
DISTRIBUTION:
XX ~ater District (Wheat Ri~ge
XX Sanitation District ( Wheat Ri)dge
XX Fire District ( Wheat R~dge
Adjacent City ( )
XX Public'Service Co.
XX US West Communications
State Land Use Commission XX
State Geological Survey
Colorado Dept. of Transportation
Colorado Div. of Wildlife XX
TCI of Colorado
~, ,<„„r,,,r-,.,,,,
Je~£erson Co. Health Dept.
Je£ferson Co. Schools
Jefferson Co. Commissioners
Denver Water Board
W R Post O£fice
W R Police Dept.
W R Public Works Dept.
W R Parks & Recreation Com.
W R Forestry Div.
W R Building Div.
<pc>rePerralform
• Cl'iY OF W~EA'3 RtDG~ ~
!~.".~~.~...
7500 WEST 29TH AVENUE .~99g .
P.O. BOX 638 _ [~~'~ ~~ ThB Clfy Of
WHEAT RIDGE. C0 80034-0638 (303 iT ~ Thea*
~~~~ ° - v v ~
City Admin. Faz# 234-5924 Po ~'~~~2 ~~~~ ~idge
October 8, 1993 -
The Wheat Ridge Department of Community Development has received a reguest
for aborodal of a~~zoninq from Residential-Two to Restricted-Commercial
„ ,
~nP w;t.h restrictecl uses .• ...
_. -- '- at,the property described below.
Your response to the following questions and any comments on this proposal
would be appreciated by October 21, 1993 . No response from you by this
date will constitute no objections or concerns regarding this proposal.
~;rze~.
CASE NO: WZ-93-5: Fargo
LOCATION: 3516 and 353-6- Jay Street -
REQUESTED ACTION: Rezoning from Residential-Two to Restricted-Commercial One
PURPOSE: Conversion of existing residence to pre-school and kindergarten
APPROXIMATE AREA: 16,000 square feet
1. ._Are-public £acilities or services provided by your agency adequate to
serve is development?
YES ~ NO I£ "NO", please explain below.
2. Are service lines available to the development?
YES ~ NO . If "NO", please explain below.
3. Do you have adequate capacities to service the development?
YES_~ NO I£ "NO", piease explain below.
4. Can and will your agency service this proposed development subject to
your rules and regulations?
YES X NO _ . I£ "NO", please explain below.
5. Are there any concerns or problems your agency has identified which
would or should affect approval of this request?
P ease reply to: :~~~~.'LIC~/GC~-~~] N~_ Reckert
~Department of Planning & Development
ISTRIBUTION:
XX Water District (Wheat Ric~e
XX Sanitation District ( Wheat Rixlge
~ Fire District ( Wheat Rik1ge
Adjacent City ( )
XX Public Service Co.
XX US West Commuriications
State Land Use Commission
State .Geological Survey
Colorado Dept. o£ Transportation
Colorado Div. of Wiidlife
TCI o£ Colorado
Jefferson Co. Health Dept.
Jefferson Co. Schools
Je££erson Co. Commissioners
Denver Water Board
W R Post Office
W R Police Dept.
XX W R Public Works Dept.
W R Parks & Recreation Com.
W R Forestry Div.
XX W R Building Div.
<pc>referralform
~, ~;.,,,,.,~~~,,,,,,
! C~T7 OF ~31~!',~iT R!DGE
~ ~ r ~n r-ta`~-~ ~
' ~ 7500 WEST 29TH AVENUE ~ CZ' ~~~~~~3 ThB C!f Of
P.O. BOX 638 y
WHEATRIDGE.C080034-0638 ` L1-, [~'~4 ~j44~p~~ cWheat
City Admin. Fax k 234-5924 F~~'D'~{~t'F~X i~235~8fig~ ~~, ja.~idge
October 8, 1993 ~~C~„~l~E~ ~~~
The Wheat Ridge Department o£ Community Development has received a reguest
for anoroval o£ a rezoninq from Residential-Two to Restricted-Commercial
nnP with restricted uses . - _.. _-
. E' at the groperty described below.
Your response to the following questions and any comments,on this proposal
would be appreciated by October 21, 1993 No response from you by this
date will constitute no objections or concerns regarding this proposal.
CASE NO
LOCATION:
WZ-93-5: Fargo
3516 and 3536 Jay ~treet
REQUESTED ACTION: Rezoning from Residential-Two to Restricted-Commercial One
PURPOSE: Conversion of existing residence to pre-school and kindergarten
APPROXIMATE AREA: 16,000 square feet
1. Are public £aoilities or services provided by your agency adequate to
serv~his development?
YES . NO _~£ "NO", please explain below.
2. Are se3~ ice lines available to the development?
YES / NO If "NO", please explain below.
3. Do you }aave adequate capacities to service the development?
YES // NO . If__"NO"_, _please explain below.
4. Can and will your agency service this proposed development subject to
your r les and regulations?
YES ~ NO I£_"NO", please expla3n below.
5. Are there any concerns or problems your agency has identified which
would or should a£fect approval o£ this request?
~lease reply to: ~~4{~'C`C~/~G~uG-~1 ~n_ ReckP.rt . -
fDepartment of Planning & Development
DISTRIBUTION:
XX Water District (Wheat Ric~e
g~ Sanitation District ( Wheat Ri)dge_
XX Fire District ( Wheat R~dge
Ad~acent City ( )
XX Public'Service Co.
XX US West Communications
State Land Use Commission XX
State Geological Survey
Colorado Dept. of Transportation
Colorado Div, o£ Wildlife _ XX
TCI of Colorado
r, ~;, , ,,..~,~.,~.,,
Jefferson Co. Health Dept.
Je££erson Co. Schools
Jefferson Co. Commissioner's
Denver Water Board
W R Post Office
W R Police Dept. ~~
W R Public Works Dept. ~~~,~~'
W R Parks & Recreation Com.P~ ~~y
W R Buildi g Div. ~~~~y ~3 ~
<pc>referralform ~ ~o
~
7500 WEST 29TH AVENUE
P.O. BOX 638
WHEAT RIDGE. CO 80034-0638
City Admin. Fax k 234-5924
October-8, 1993
(303) 234-5900
Police Dept. Fax # 235-2949
~
7he City of
~Wheat
~Ridge
The Wheat Ridge Department o£ Community Development has received a request
for anoroval of a rezoni„~g from Residential-Two fo Restricted-Commercial
nnP w;th restricted uses _ ~
, ... ' at the property described below.
Your response to the following questions and any comments on this proposal
would be appreciated by October 21, 1993 . No response from you by this
date will constitute no ob~ections or concerns regarding this proposal.
CASE NO: WZ-93-5: Fargo
LOCATION: 3516 and 3536 Jay Sfreet
REQUESTED ACTION: Rezoning from Residential-Two to Restricted-Commercial One
PURPOSE: Conversion of existing residence to pre-school ancl kindergarten
APPROXIMATE AREA: 16,000 square feet
1. Are public facilities or services provided by your agency adequate to
serve this development?
YES / NO . IP "NO", please explain below.
2. Are service lines available to the development?
YES ,/ NO .,I£ "NO", please explain below.
3. Do you have adequate capacities to service the development?
YES ~ NO I£ "NO",_please explain below.
4. Can and will your agency service this proposed development subject to
your ~u~.es and regulations?
YES / NO ._ I£ "NO", please explain below.
5. Are there any concerns or problems your agency has identified which
would or should affect approval of this request? ~o a~,Q~-1-c~~..Q ~ow,...~..c~.'ts
cl,T'1~„~s ~i,....m. `~-v~.2.
Please reply to: „~~?~~-'C~~~~~ M_ tzPr.kert_ .
'bepartment of Planning & Development
~ BISTRIBUTION:
XX Water District (Wheat Ric~:.je
XX Sanitation District ( Wheat Riklge
t XX Fire District ( Wheat Ri~dge
Adjacent City ( )
XX Public Service Co. -
XX US West Communications
State Land Use Commission
State Geoldgical Survey
Colorado Dept. of Transportation
Colorado Div. of Wildlife
TCI of Colorado
Jefferson Co. Heal~h Dept.
Jefferson Co. Schools
Jef£erson Co. Commissioners
Denver Water Board
W R Post O£fice
W R Police Dept.
XX W R Public Works Dept.
W R Parks & Recreation Com.
W R Forestry Div.
XX W R Building Div.
<pc>referralform
~,, r;,, „ r,,, ~>,,, ,
~ ~
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held be£nre the City
of Wheat Ridge Planning Commission on October 21, 1993 at 7:30 p.m. at 7500
West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are
invited to speak at the Public Hearing or submit written comments. The
£ollowing petitions shall be heard:
1. Case N~_ wZ=93-5: An application by Nina Fargo and Rose
Foster for approval o£ rezoning from Residential-Two to Restricted-
Commercial One with restricted uses for properties located at 3516 Jay
Street and 3536 Jay Street. Said parcels are legally described as
follows:
~5~h 7av Straa±
That part of the west l/2 of the Southeast 1/4 0£ the Northeast 1/4 oP the
Northwest 1/4 of Section 25, Township 3 South, Range 69 West known as and
referred to as part of Lots 8 and 9, Conway Heights, more particularly
described as £ollows:
Beginning at a point 168 feet north of the southwest corner o.f said Lot 8;
thence continuing north on west line of said Lot 8, 125.22 feet, more or
less to a point 139 feet south o£ north line of said Lot 9; thence east and
parallel to said Lot 9, 125.67 feet to a point 100 feet west of east line
of said Lot 9, thence south and parallel to east line of said Lots 8 and 9,
125.22 feet to a point 168 feet north of south line o£ said Lot 8; thence
west 125.67 £eet to point o£ beginning, County o£ Jefferson, State of
Colorado.
3516 Jav Streat
That part o£ the W 1/2 SE 1/4 NE 1/4 NW 1/4 Section 25, Township 3 South,
Range 69 West, known as and re£erred to as part of Lot 8, Conway Heights,
more particularly described as follows:
Beginning at the southwest corner of said Lot 8; thence north 145.5 feet;
thence east 140 feet; thence south 145.5 £eet; thence west 140 £eet to the
point of beginning, County o£ Je£ferson, State of Colorado.
2. Case t~ro_ w2,-93-R: An application by Stephen J. Casement £or
Tr3-KB Investments for approval of a final development plan within a
Planned Commercial Development zone district for-property located at
4120 Youngfield Street. Said property is legally described as £ollows:
Lot 3 of the Youngfield Plaza Phase II Final Development Plan and
Subdivision; City of Wheat Ridge, County o efferson, S ate of Colorado_
~cG~ fA~ nn~ J
Sandra Wiggins, ~retary
ATTEST:
Wanda Sang, City Clerk
To be Published: October 5, 1993
Wheat Ridge Sentinel
<pc>pnwz935/wz938
~ P.O.80%638 ~ TELEPI~ONE:30:.x/277-6964 The City~
7500 WEST 29TH AVEN WhIEAT RIDGE. COLOFiADO 0007a c~heat
~Ridge
POSTING CERTIFICATION
CASE N0. ra~_ca~_5
PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: October 21, 1993
I, Nina E'orqo
r
( n a m e )
residing at 3536 Jav Street Wheat Ridge, CO 80033
v
( a d d r e s s)
as the applicant for Case No. WZ-93-5 , hereby certify
that I have posted the Notice of Publie Hearing at
3516-18 Jay Street and 3536 Jay Street Wheat Ridge
~
( 1 o c a t i o n')
on,this 6th day bf October ~ ~gig/ 93 ~ and do
hereby certify that said sign has been posted and remained in place for
fifteen (15) days prior to and ineluding the seheduled day of public
hearing of this case. The si;n :r~~ postad in t"~ position snown on tha
map below.
Signature: /f/ ~~
NOTE: This form must be submitted at the public~hearing on this case
and will be placed in the applicant~s cas file at the
Department of Community Development.
-----------°------------
~ -- -_ _ . -==
°- _._~ -
-----------------------------------------------
~_ ---_--- ..:_ -_-- _- ..- _. -~~ , I
~ ~ GERALD ~___
~ L EE ~
J W. 357H PL -
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7 - .
,~.
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~~~ ~ ,~ ~
~~~~ -~~-~- ~ ~~
'S00 WEST 29TH AVENUE ~
P.O. BGX 638
WHEA- RIDGE. CO 80034-0638
(303)234-5900
City Admin. Fax m 234-5924 Police Dept. Fax ;. 235-2949
October 7, 1993
This is to inform you that Case No.
~ o~V~1HEqT~ .
The City of ~~ ; ' ,'~Q~
~heat ~ ;~~ ~.;~:r m
~Ridge
C~CORA~O
wz-93-5 which is a
request for anoroval of a razonina from R-2 to RC-1 with
YPC~'Ylf:tPl~ 1lSPC
for property located at 351ti ar~~ '~~'~~ ~a•~ G+raat
will be heard by
the Wheat Ridge Plannina Commission in the Council Chambers
of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. ,
on October 21, 1993
All owners and/or their legal counsel o£ the parcel under
consideration muGt be present at this hearing before the
Plannin4 Commission .
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments. It
shall be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
I£,you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
<pc>phnoticeform'
<^o ~;,..,i~~:r„~~~~~
.
Y ~ ~ ~
Dear Ad~acent Property Owner:
2£ you have received this notice, you reside or own property
adjacent to a property involved in a land use case being
processed by the City of Wheat Ridge.
This notice is intended to in£orm you o£ the process involved in
land use development applications.
Prior to application £or rezoning or special use permit, the
developer is responsible for holding an informal neighborhood
meeting. The purpose of the meeting is to provide the
opportunity £or citizens to become aware of_a proposed
development in their neighborhood and to allow the developer to
respond to citizen concerns in the design of their project. All
residents within 600 feet are required to be noti£ied o£. the
meeting.
A staf£ plannes will attend the meeting to discuss City policy
and regulations and the process involved, however, the planner
will rema3n 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 hearings in front of Planning Commission and City Council
where decisions are rendered. If you want input in the decision-
making process, it is imperative that you attend the public
hearings.
The public hearings you will be attending are quasi-judicial in
nature. Please do not contact your Planning Commissioners or
Council people to discuss the merits of a case prior to the
public hearing. It could jeopardize your representatives'
ability to hear the case.
If you are an adjacent property, you may have the right to file a
"legal protest" against the application. The result of this
£iling is that it requires a 3/4 majority of City Council to
approve a request.
I£ you have questions regarding any of the information given
above, do nQt hesitate to contact a planner at the City offices
by calling 235-2846. The Planning & Development Department is
open Monday through Friday 8:30 a.m. through 5:00 p.m.
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CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: Planning Commission Date Prepared: October 13, 1993
Date of Meeting: October 21, 1993 Case Manager:e"Meredith Reckert
Case No. & Name: WZ-93-5/Forgo and Foster
Action Requested: Rezone from R-2 to RC-1 with a paving variance
Location of Request: 3516 & 3536 Jay Street
Name & Address of Applicant(s): Rose Foster Nina Forgo
3441 Fenton St 890 S St. Paul St
Wheat Ridge Denver 80209_
Name & Address of Owner(s): Same as above
-----------------------------------------------------------------
Approximate Area: 15,785 sq ft & 20,400 sq ft
Present Zoning: R-2
Present Land Use: pre-school & residence
Surrounding Zoning: All sides: R-2
Surrounding Land Use: 1 S~ E: Low density residential W: vacant
& low density
Comprehensive Plan for Area: Low density residential
----------------------
Date Published:
Date to be Posted:
------------------------
October 5, 1993_
October 6, 1993
Date Legal Notices Sent: October 7, 1993
Agency Check List (XX) Attached
Related Correspondence
ENTER INTO RECORD:
(XX) Comprehensive Plan
(XX) Attached
( ) Not Required
( ) None
(XX) Case File & Packet_Materials
(XX) Zoning Ordinance
( ) Slides
Subdivision Regulations ( ) Exhibits
JURiSDICTTqN;
The property is within the City of Wheat Ridge, and ali noti£ication
and posting requirements have been met, there£ore there is
jurisdiction to hear this case.
~ ~
Planning Commission Staff Report Page 2
Case No. WZ-93-5/Forgo/FOSter
I, REO[IfiST
The applicant requests approval o£ a rezoning £rom Residential-Two to
Restricted-Commercial One £or propert3es located-_at 3516 and 3536 Jay
Street.
The purpose o£ the rezoning is for legalizing a nonconforming use and
expansion of the existing nursery/kindergarten. Because there are two
separate properties and situations, the properties will be discussed
separately.
II. PROPERTY CONFIGURETIOId - 3536 JAY STREET
The existing Wheat Ridge Preschool and Kindergarten has ~isted on the
northern property (3536 Jay Street) since the late 1950s. Enrollment
at the school is approximately 40 children with £our to £ive full-time
teachers on Sta££. It is a corner lot with frontage on Jay Street and
West 35th Place.
The property is currently noncon£orming in regard to zoning (R-2 where
at least R-C1 is required), parking access (open access) and the
amount of parking. Based on the City's current standards, at least 11
o£f-street parking spaces are required where only seven spaces are
provided at this time. The owner is proposing no physical changes to
the property.
In regard to the existing zoning, the noncon£orming use of the
property can remain in existence until the year 2000 when at that
point either the noncon£ormity shall cease or the zoning be changed.
In accordance with the current code, a small day care home (up to six
children) is an allowed home occupation in all residential zones.
Large day care homes allowing up to 12 children are a special use in
the residential zone districts. A day care facility which exceeds 24
children requires commercial zoning, thus the requested R-Cl.
Please note that i£ the zone change is approved for either or both o£
the properties, the owner/applicant would agree to uses restricted to
those allowed in the R-2 zone plus a day care/kindergarten. The full
range of R-C1 uses would not be allowed. See attached lists of uses
for R-2 and R-C1 labeiled Exhibits 'A' and 'B'.
III. CRITERIA - 3536 Jav Street
Sta££ has the following comments regarding the criteria used to
evaluate a rezoning £or property at 3536 Jay Street.
1. That the change o£ zone is in con£ormance, or will bring the
property into con£ormance with the City o£ Wheat Ridge
Comprehensive Plan goals, objectives and policies, Comprehensive
Land Use plan and other related policies or plans for the area.
Approval of rezoning will correct a zoning which is not in conformance
with historical land use on the property.
~
~
Planning Commission Staff Report Page 3
Case No. WZ-93-5/FOrgo/Foster
The Comprehensive Plan shows this area as be3ng "low density
residential". While R-C1 is not typically thought of as a low density
zone, the use o£ the iand as a day care/school is a support use for
the surrounding residential area.
2. That the proposed change of zone is compatible with the
surrounding area and there will be minimal adverse impacts
considering the benefits to be derived.
The owner proposes no changes to the property.
3. That there will be social, recreational, physical and/or
economic benefits to the community derived by the change o£ zone.
This is a use which was existing prior to incorporation. The school
has been serving the needs o£ the community for almost 40 years.
4. That adequate in£rastructure/facilities are available to
serve the type of uses allowed by the change of zone, or that the
applicant will upgrade and provide such where they do not ex3st or
are under capacity.
Ali-infrastructure and services are currently in place.
5. That the proposed rezoning w311 not adversely affect public
health, sa£ety or welfare by creating excessive tra££ic
congestion, create drainage problems, or seriously reduce light
and air to ad~acent properties.
There should be no further impact to the neighborhood in regard to
drainage or the reduction of light and air to adjacent properties.
However, parking is inadequate for the current capacity of the school-.
Cars are being parked along West 35th Place which is substandard in
width. Staf£ recommends additional asphalt be placed between the
north side o£ the house and the edge of asphalt on West 35th Place to
provide more of a parking pull-o££.
6. That the property cannot reasonably be developed under the
existing zoning conditions.
The property could be converted back to a res3dence but this seems
unlikely.
7. That the rezoning will not create an isolated or spot zone
district unrelated to adjacent or nearby areas.
This would be spot zoning, however with the use stipulations, this is
more akin to a Special Use Permit.
8. That there is a void in-at"~i area or community need that the
change of zone will £ill by providing for necessary services,
~ ~
Planning Commission Sta£f Report Page 4
Case No. WZ-93-5/FOrgo/Foster
products or facilities especially appropriate at the location,
considering available alternatives.
The school is £ulfilling a need within the community for preschool
services.
IV. PROPERTY CONFIGIIRATION - 3516 Jav
The applicant has an option to purchase the duplex directly to the
south of the current school.
The property is a corner lot with £rontages on Jay Street and West
35th Avenue. It encompasses 20,000 square feet o£ land area and is
traversed by the Rocky Mountain Ditch.
Use o£ the new facility would be for the day care of newborns and
toddlers with an expected capacity of 30 children and five staff
members.
Based on these figures, a total of ten parking spaces is required
including a van space. Staff has prepared two different parking
scenarios. Aside from the parking, drop-off area and £encing, there
should be no other changes to the property.
Design scenario #1 shows all of the parking with a drop-o££ area on
Jay Street. Circulation would be one way.
Design scenario #2 shows a drop-of£ area on Jay, but the main parking
area is off of West 35th Avenue. A bridge could span the Rocky
Mountain Ditch to accommodate pedestrian traffic as there is no curb,
gutter and sidewalk along West 35th Avenue.
Staff prefers Design Scenario #2 as it would keep some of the traffic
of£ o~ Jay Street. Since 35th Avenue functions as a local collector,
it is wider and is better able to handle more tra£fic than Jay Street.
The applicant/owner prefers Scenario #1, but regardless of the design
chosen by Planning Commission, would like the lot to be gravelled.
This is a specific design variance which must be considered by
Planning Commission. See Section VI. Variance.
With either of the designs showing a drop-off lane from Jay Street,
Public Works will reguire that sight distance be improved at the Jay
Street/West 35th Avenue intersection by the removal o£ existing
foliage.
V. CRITERIA - 3516 1av 8t.rePt
Staff has the following comments regarding the criteria used to
evaluate a rezoning for 3516 Jay Street.
l. That the change of zone is in conformance, or will bring the
property into conformance with the City o£ Wheat Ridge
~ ~
Planning Commission Sta£f Report Page 5
Case No. WZ-93-5/Forgo/Foster
Comprehensive Plan goals, ob,jectives and policies, Comprehensive
Land Use plan and other related policies or plans for the area.
The Comprehensive Plan designates 'this property as "low density
residential". Although RC-1 zoning is inconsistent, the limited uses
of the property will be primarily residential (R-2 uses and a day
care). Day care £acilities are generally thought to be support
services £or residential areas.
2. That the proposed change of zone is compat3ble with the
surrounding area and there will be minimal adverse impacts
considering the benefits to be derived.
Surrounding land use and zoning on all sides is R-2 developed in
single-family residences and duplexes. Once again, the proposed use
is in support of residentiaT generally.
3. That there will be social, recreational, physical and/or
economic benefits to the community der3ved by the change o£ zone.
There would be social bene£its to the community with expansion o£ the
area by way of expanded child care facilities 3n a working class
neighborhood.
4. That adequate in£rastructure/facilities are available to
serve the type of uses allowed by the change of zone, or that the
applicant will upgrade and provide such where they do not exist or
are under capacity.
There is adequate infrastructure for the facility.
5. That the proposed rezoning will not adversely afPect public
health, sa£ety or welfare by creating excessive tra££ic
congestion, create drainage problems, or seriously reduce light
and air to adjacent properties.
The rezoning should not negatively affect the public health, sa£ety
and welfare by creating drainage problems or reducing light and air.
If appropriately designed with adequate parking, traffic congestion
should be minimal.
6. That the property cannot reasonably be developed under the
existing zoning conclitions.
The property is currently utilized as a duplex, there£ore it can be
used as zoned.
7. That the rezoning will not create an isolated or spot zone
district unrelated to ad~acen-t or nearby areas.
From a s~rict zoning standpoint, the intrusion of a commercial zone
into the neighborhood could be considered spot zoning. However, the
use as a day care center is typically considered to be residential in
~ ~
Planning Commission Sta£f Report Page 6
Case No. WZ-93-5/FOrgo/Foster
character as it is a 1ow intensity use. This rezoning, due to the
single additional use stipulation, is more akin to a Special Use.
8. That there is a void in an area or community need that the
change of zone will fill by providing for necessary services,
products or facilities especially appropriate at the location,
considering available alternatives.
There is a void in the market for good day care facilities.
V=. PAVING VARIANCE
Sta££ has the following comments regarding the criteria used to
evaluate a variance request. As mentioned in Section IV, any formal
parking areas are required to be paved. The applicant is proposing a
gravel lot for the expanded £acility.
1. Can the property in question yield a reasonable return in
use, service or income i£ permitted to be used only under the
conditions allowed by regulation £or the district in which it is
located?
Assuming rezoning occurs, a nursery could st311 operate with an
asphalt or concrete parking lot i£ the variance is not granted.
2. Is the plight of the owner due to unique circumstances?
Circumstances are unique due to the residential character of the area.
3. I£ the variation were granted, would it alter the essential
character of the locality?
No, as there are many residences with gravel driveways.
4. Would the particular physical surrounding, shape or
topographical oondition oP the specific_property involved result
in a particular hardship (upon the owner) as distinguished from a
mere inconvenience, if the strict letter o£ the regulations were
carried out?
Inconvenience.
5. Would the conditions upon which the petition for a variation
is based be applicable, generally, to the other property within
the same zoning classification?
A precedent could be established. Another day care center built
within a residential setting several blocks east was required to pave
their parking lot.
6. Is the purpose o~ the variation based exclusively upon a
desire to make money out o£ the property?
~ ~
Planning Commission Staf£ Report Page 7
Case No. WZ-93-5/Forgo/Foster
The variance request is economically motivated from the standpoint
that gravel is less expensive than paving.
7. Has the alleged dif£iculty or hardship been created by any
person presently having an interest in the property?
Yes, the applicant has an option to purchase the property.
8. Would the granting of the variations be detrimental to the
public welfare or injurious to other property or improvements in
the neighborhood in which the property is located?
Granting of the paving variance would not be detrimental to the public
weifare or injurious to property or improvements in the neighborhood.
9. Would the proposed variation impair the adequate supply of
light and air to ad~acent property or substantially increase the
congestion in the public streets or increase the danger of fire
or endanger the public safety or substantially diminish or impair
property values within the neighborhood?
The variance would not impair the supply of light and air, increase
traffic congestion, increase fire danger, endanger public safety or
diminish property values in the neighborhood. It would give more of a
residential "£eel" to the nursery parking area.
V22. NEIGHBORHOOD MEETIN~
A meeting £or neighborhood input was held on May 20, 1993. Aside from
Staff and the owner/applicants, two residents £rom the area attended.
Concerns expressed included noise during the day and primarily traffic
on Jay Street and West 35th Avenue.
VI22. AGENCY REFERRALS
All agencies can serve both properties.
Public Works would like to see construction o£ curb, gutter and
sidewalk along the West 35th Avenue and Jay Street £rontages. A
drainage plan and report will be required if the paving variance is
not approved. The sight distance visibility at West 35-th Avenue/Jay
Street intersec~ion needs to be improved by the removal of obstructive
foliage.
IX. STAFF RECOMMENDATIONS _
Staf£ concludes that the existing facility has been in operation for
almost 40 years. Staf£ concludes that a day care/nursery, although it
would have commercial zoning, is generally considered a low intensity
use and a support service £or residential areas. We £urther conclude
that the zoning stipulation of R-2 uses plus day care/nursery is more
akin to a Special Use Permit. For these reasons, a recommendation of
~ ~
Planning Commission StafP Report Page 8
Case No. WZ-93-5/Forgo/Foster
Approval is given for rezoning at 3536 Jay Street with the following
conditions:
1. Uses allowed be those listed in the R-2 zone district plus a day
care/kindergarten.
2. A parking puil-off be provided along the north side of the house.
A recommendation o£ approval is given for rezoning at 3516 Jay Street
with the following conditions:
1. Uses allowed be those listed in the R-2 zone district plus a day
care/kindergarten.
2. The property be developed in accordance with Design Scenario #2.
In regard to the paving var3ance, Staff concludes that circumstances
are not un3que. There is another day care center located several
blocks to the east that was required to pave their park3ng when they
developed within a residential setting. Therefore, we recommend
Denial of-the variance request.
X. REC~MMENDED MOTIONS
Rezonina - 3536 Jav Street
OPTION A: "I move that Case No. WZ-93-5, a request for approval o£ a
rezoning £rom R-2 to R-C1, be Approved for the following reasons:
1. It woulci allow £or legalization o£ an existing nonconforming use.
2. A day care/kindergarten is typically considered a"low intensity"
use and the applicant has stipulated that they only desire that
use from the RC-1 destrict list of permitted principal uses.
With the £ollowing conditions:
1. Uses allowed be those listed in the R-2 zone district plus a day
care/kindergarten.
2. A paved parking pull-o££ be provided along the north side o£ the
house.
OPTION B: "i move that Case No. WZ-93-5 be Denied for the following
reasons:
l.
2.
3. "
~ ~
Planning Commission StBff Report
Case No. WZ-93-5/FOrgo/FOSter
RPZOnina - 3516 Jav Street
Page 9
gpTION ac I move that Case No. WZ-93-5, a reques-t for approval o£ a
rezoning from R-2 to R-C1 for property located at 3516 Jay Street, be
Approved £or the £ollowing reason:
1. A day care/kindergarten is typically considered a"low intensity"
use.
With the following conditions:
1. Uses allowed be those listed in the R-2 zone district plus a day
care/kindergarten.
2. The property developed in accordance with Design Scenario #2•
QPTION B: "I move that Case No. WZ-93-5, a request for approval of a
rezaning from R-2 to R-C1 be Denied for the following reasons:
1.
2.
3. "
Pavina Var. ianc:A
pPTION A: "2 move that_the request £or a paving variance at 3516 Jay
Street be Denied £or the following reasons:
1. Circumstances are not unique.
2. Other similar £acilities have had to pave their parking lots.
oPTION B: "I move that the request £or a paning variance at 3516 Jay
Street be Approved £or the £ollowing reasons:
1.
2.
3. ".
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EXHIBIT 'A'
S 26-13
WHEAT RIDGE CITY CODE
Sec. 26•14. Residential-'itvo District (R-21.
(A) Interzt ¢nd Purpose: This district is established to provide high quality, saCe, quiet and stable low-
to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incom•
patible with the residential character.
(B) Permitted Principal Uses: No building or land sha11 be used and no building shall be hereafter
erected, converted or structurally altered unless otherwise provided herein eaccept for one (i) or more of
the following uses:
(1) Same uses as pcrmitted in R-I, R•lA, R•1B and R-iC districts.
t
Supp. No. 30 1712
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ZONING AND DEVELOPMENT
(2) Two-family dwellings.
(C) Permitted Accessory Uses and Accessory BuiZdings:
(1) Same uses as perniitted in R-1, R-lA, R-1B and R•1C districts.
3 26•15
1D) Condition¢l Uses: The following uses shall be permitted only upon approval of the Wheat Ridge
Planning Commission, following procedures as set forth in section 26•6(A):
(1) Same uses as permitted in R•1, R-lA, R-1B and R-1C districts.
(E) Speciai Uses: The following uses shall be permitted only upon approval of the 4Vheat Ridge Plan-
ning Commission and city council, £ollowing procedures as set forth in section 26•6(B):
(1) Same uses as permitted in R-1, R•lA, R-1B and R-1C districts.
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§ 2G8 WFIEAT RIDGE CITY CODE
See. 26•10. Residential•One District (R-1).
(A) Intent and Parpose: This district is estab-
lished to provide higfi quality, safe, quiet and
stable low-density residential neighborhoods, and
to prohibit activities of any nature which are in-
compatible with low-density residential character.
(B) Perrnitted. Principal Uses: No building or
land shall be used and no building shall be here-
after erected, converted ar structurally altered un-
less otherwise provided herein eau;ept for one (1)
or more of the following uses:
(1) One-family dwelling.
(2) Parks, noncommercial playgrounds or other
public recreation use.
~
(4) Hausehold peEs, limited to no more than
three (3) dogs and/or four (4) cats, plus their
unweaned o4~'spring.
(5) Private stables for the kP~p+*+~ of horaes,
cows, llamae, sheep or goats and similar
animals; however, excluding the keeping of
swine, subject to the requirements set forth
in section 26•30(L).
(6) Private poultry houses and pigeon coops,
and private rabbit and chinchilla hutches,
subject to the requirements set forth in sec-
tion 26-30(L).
(7) Bee keeping, subject to the requirements
set farth in section 26-30(L).
(8) Rooming and/or boarding of not more than
two (2) persons on a confsact basis for not
less than seven days.
(9) Ancillary uses operating within a church's
primary structure (e.g., day care centers,
acout meetings.)
(10) Class I Home occupations which meet the
definition and standards set forth in sec-
tion 26-30(Q)(1) and section 26-5, Defini-
tions.
(11) Electric transmission or other public utility
lines and polea, irrigation channels, storm
draiaage facilities, and water supply facil-
ities, and other similar facilities.
(3) Residential group homes for eight (8) or (12)
fewer developmentally disabled persons,
mentally ill,.~.~....a or for elderly peraons.
(See section 26-30(P? ~d section 26-5 Defi-
nitions.)
(4) Other simiIar uses or structures as appmved
by the zoning administrator or board of ad-
justment and when in conformance with
standards and requirements set forth herein
for similar uses.
(C) Permitted Accessory Uses and Accessory
Buildings:
(1) Detached private gatage or carport.
(2) Private storage sheds.
(3) Private swimmingpools, tennis courts. (See
section 26-SO(n for related requirementsJ
Public and private wmmunication towers,
televiaion or radio antennss, or any other
similar communications receiving or
sending device which dcea not exceed thirty-
fve (35) feet in height, whether ground•
mounted or mounted upon a building or
other structure. For satellite eazth receiving
statians, see aection 26•30(~.
(13) Water towers or aboveground reservoirs not
in _.._>;,s of thirtyfive (35) feet.
(14) Other similar uses or structures as approved
by the zoning administrator or board of ad-
justment and when in conformance with
standards and requirements set forth for
similar uses.
(D) Conditionul Usea: The following usea shall
be permitted only upon approval of the Wheat
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Supp. No. 7 170$
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ZOIIING AND DEVELOPMENT
Ridge Plann.ing Commission, following procedures
as set forEh in aection 26•6(E~.
(1) Public, private and parochial educational
institutions which provide instruction for
§ 26•l0
Supp. No. 7 1~08.1
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ZOIQING AND DEVELOPMENT 4 26-30
grades kindergarten through 12, and public, quirements and standazds set forth in sec-
private or pazochial coIleges and universi- tion 23-30(m) and section 26-5, Definitions.
ties.
(2) Public or private golf courses or private
country club or private club operated for
benefit of inembess only and not for gain
(but not including a private cltzb, whicli prn-
vides a service customazilg earried on as a
business.
(2) Large day care home (see section 26-5, Def-
initions).
(3)~ ~overnmental buildings, fire stations and
public u~ility 6uildings where outside
storage or repair faciIi'ties are~ ~lanned.
(3) G'overnment or quasi=governntental build-
ings and offices, ~re stations or public
utility buiIdings where outsid'e storage or
repair faciIities aze not planned.
(4) Electric transmission substations.
(5) Wind-powered electric generators not in ex-
cess of thirty-five (35) feet.
16) Church, parish honse.
(E) Special Uses: The following uses sha11 be
permitted only upon approval of the FVheat Riilge
Planning Commission and city council, folIowing
procedures as set forth in section 26•6(B).
(1) Bed-N-6reakfast rooms accessory to a one-.
faznily dwelIing primary use, subject to re-
(4) Restaurants, lounges and bars accessory to
a public or private golf course.
(5) Residential group homes for nine (9) or more
developmentally disabled persons or eld-
erly persons (see section 26-30(P) and sec-
tion 26•5, Definitions).
(6) Residential group home for children (see sec-
tion 26•30(P) and section 26-5, Definitions).
f7) Class II Home occupations which meet the
definition and standards set forth in sec-
tion 26-30(Q)(2) and section 26-5,
Definitions.
~ ~
Sec. 26-19. R.eserved.
Sea 26-20. R.estricted Commercial•One Dis•
trict (R.Gl).
(A) Intent ¢rzd Purpose: Thia district is eatab-
lished to provide for a reasonably c~*n~A+;ble tran-
sition between residential and more intensive com-
mercial land uses. It provides for reaidential scale,
neighborhood-oriented professional oft'ices and ser-
vices which, by their nature and through design
limitation, will promate neighhorhood stability
and protect neighborhoad values and character.
The district also provides limited neighborhood-
oriented retail uses by special use approval. .
CASE NO. WZ-93-5
EXHIBIT 'B'
B) Permitted Princip¢Z Uses: No building or
land shall be used and no building shall be here-
after erected, converted or structurally altered un-
less othenvise provided herein eaccept for one (1)
or more of the following uses:
(1) Art gaIleries or studios.
(2) Banks, loan and finance o~ces.
(3) Clinics and oftices for psychologicaI, social,
marital, developmentaI or similar coun-
seling and treatment, including counseling
and treatment for substance ahuse and al-
coholism; however, not including residen-
tial facilities or residential treatment.
Supp. No. 5
1719
`
§ 26-20
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WI~AT RIDGE CITY CODE
(4) Community buildings, Y.M.C.A's, Y.-
W.C.A's, churchea, libraries, parks, mu-
seums, aquariums and art galleries.
(5) Golf courses (but not including miniature
golf or putting ranges, driving ranges, Pri-
vate clubs or restaurants) and those uses
commonly accepted as accessory thereto
when located on the same premises.
(6) Government or quasi-governmental build-
ings and of'fices or public utility building
where outside storage, operations or repair
facilities are not planned.
('n Homes for the aged, nursing homes and con-
gregate care homes.
(8) Medical and dental offices, clinics or labo-
ratories.
(9) Offices, general administrative, business
and professional.
(10) Pazking of automobiles of clients, patients,
patrons or customers oF the occupants of
a~jacent commercial districEs.
(11) Schools; public, parochial and private (in-
cluding private, vocationai trade or profes-
sional schools), coIIeges, universities, pre~
schools and day nurseriea (including those
uses commonly accepted as necessary
thereto when located on the same premises).
(12) Service establishments as listed below:
(a) Hair, nail and cosmetic aervices.
(b) Interior d:...._~'.,:ng shop where goods,
except samples, are not stored upon the
premisea.
(c) Pickup stations for laundry and dry
cleaning.
(d) Shae repair.
(e) Studioforprofessionalworkorteaching
of fine arts, photography, music, drama
or dance.
(fl Tailoring, dreasx^~U~^° or clothing al-
teration shop.
(g) Watch and jewelty repair.
(13) Residential group homes for eight (8) or
fewer developmentally disabled peraons,
mentally ill persons oz for elderly persons.
(See section 26•30(P) and sectioa 26•5.)
Supp. No. b
(14) Any simiIsr use which, in the opinion af
the zoning administrator or, upon appeal of
Ius decision, of the boazd of adjustment,
would be compatihle in character and im-
pact with other uaes in the district, would
be consistent with the intent of this dis-
trict, and which would not be ohjectionable
to nearby property by reason of odor, dust,
fumea, gas, noise, radiation, heat, glare, vi-
bration, traffic generation, parking needs,
outdoor storage or use, or is not hazardous
ta the health and safety of surrounding
areas through danger of fire or esplosion.
(C) Permitted Accessory Uses ¢nd Accessory
Buildings:
(1) Food services primarily for the occupants
of a building containing a permitted use,
when located within the same building.
(2) Electric transmission or other public utility
lines and poles, irrigation channels, storm
drainage facilities, and water supply facil-
ities, and other similar facilities.
(3) Residential usea in commercial zones shall
be allowed under the following conditions:
(a) Residential use shaIl be located only
oa a flaor other thaa the ground floor,
or if located on the ground floor, re-
stricted to the rear haif of the building.
(b) Residential dwelling density shall not
exceed one (1) dwe lino unit for each
five thousand (5,000) square feet of lot
area.
(c) Residentiai dweIling units ahall be no
Iess thaa five hundred (500) square feet
each.
(d) Parking shall be supplied at the rate of
one (1) space per three hundred (300)
square feet of floor area
(e) Where it is intended to c.,......;, an es-
isting reaidential structure, either par-
tially or wholly, to a commercial use,
then commercial development atan-
dards shall be applied for parldng, land-
acaping and residential buf£ering. Any
changea to building floor area shall
fully comply with all commercial de-
velopment standards. •
1720
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ZONINTG AND DEVEIAPMENT
(~ No new residences as a primary or prin-
cipal use shall be aIlowed.
(4) pharmacies and optical stores incidental to
a medical or dental office within the same
building-
(5} Other similar uses or structures as approved
by the zoning administrator or boazd of ad-
justment and when in conformance with
standards and requirements set farth for
similar uses.
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from adjacent properties hy a view-
obscuring fence six (6) feet in height. Bulk
storage ar piles of such materials shall not
be permitted within a front yard setback
and shall be no closer than twenty-five (25)
feet to a side or rear lot line which abuts
residentially zoned praperty, or where zoned
AgricuItural and there is a residentisi struc-
ture within fifteen (15) feet of the common
property line.
(6) Laundry and dry cleaning shops.
(D) Condition¢Z uses: The following uses shall ~q~ Locksassth shops.
be permitted only upon approval of the Wheat
Ridge Planning Comxnission and city counciI, fol- (S) Mortuaries and crematoriums.
lowing pmcedures as set £orth in section 26-6GA):
~9) ftooming and boazdinghouses.
(I) Electric transmission substations.
~10) Small animal veterinary hospitals or clinics
(E) S ecial Uses: The followin uses shall be
P ~ where there are no outside pens or runs.
permitted only npon approval of the Wheat Ridge
Planning Commission and city council, following (11) Stores for retail trade, limited to two thou-
procedures as set forth in section 26-6(B): sand (2,000) square feet or less, £or the
(1) Blueprinting, photostatic copying, and other amount of buiIding space devoted to any
one {1) or combinations of the foAowing re-
similar reproduction services; however, not tail use.
including lazge printing, publishing and/or
book binding eatablishments. Such uses (a) Antique stores.
shall be Iimited to no more than two thou- (h) Apparel and accessory stores.
sand (2,000) square feet of buiIding space (c) Bakeries, retail.
devoted to any one (1) or a combination of (d) Bicycle stores.
these uses. (e? Book stores, newsstands, stationary
(2) Clinics for residential counseling and treat-
~fl ~d card stores.
Business machine or computer stores.
ment of psychologicai, social, marital and ~g~ Camera and photographic service and
developmental pxroblems, and for substance supply.
abuse and alcoholism. (h) Candy, nut and confectionery stores.
(3l Csolf wurses, including private clubs, res• (i) Dairy products stores.
taurants and lounges, and those uses com• (j) Delicatessens.
monly accepted as accessory thereta when (k) FIoral stores.
located on the same premises. (1) Gazden supplies stores.
(4) Governmental buildings, fire stations, ~~~
~n) Gift, noveIty or souvenir stores.
Hobby and eraft stores.
sewer treatment plants and public utility ~o) Jewelry stores.
buildings where outside storage, operations (p) Music stores.
or repair facilities are planned. (c~ Notions stores.
(5} Greenhouses and landscape nurseries, in- (r) Office suppIy stores.
cluding both wholesale and retail sales of (s) Optical stores.
related products; provided however, that (t) Paint aad wallpaper stores.
bulk storage or piles of materiaIs, such as (u) Pet stores.
manure, peat, top soiI, rock, sand, firewood (v) Picture &aming [shopsl.
or similar material, are screened From view (vc} Sporting goods stores.
Supp. No. 5
1721
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§ 26•20 Wf~AT RIDGE CITY CODE
(x) Shoe stores.
(y) Stationery stores.
(z) Television, radio, small appliance re-
pair and service (shops].
(aa) Tobacco stores.
(bb) Toy stores.
(cc) Video rental stores.
(12) Retail neighborhood grocery/coavenience
atore, limited to five thousand (5,000) square
feet or less for the amount of building space
devoted to retail use.
(13) Residential group homes for nine (9) or more
developmentally disahled persons or eld-
erly persons. (See aection 26-30(P) and sec-
tion 26.5J
(14) Residential group home for children. (See
section 26-30(P) and section 26.5.)
(15) Any other use not specifically listed in this
district may be permitted as a special use
where the planning commission and city
council find, in addition to the standard re-
view criteria for all special uses as set forth
in section 26-6(B), that a specific site is
uniquely appropriate for the use proposed.
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~ ~ASE NO. WZ-93-5
EXHIBIT 'D'
3516 JAY
DESIGN SCENARIO #1
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20,400 SQ.FT. ~~L
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EXHIBIT 'E'
3516 dAY
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WARRANTY DEED
~~~ THISDEEL~,MtlcNl~ 28th °~'a July .~487 .
aa+am
'i HUGH J. FOSTER and ROSE GLOAIA FOSTER
! 3941 Fenton Street, Wheat Ridge,
or~ ~
','I co~~~rar Jefferson ,s,,,~orcoi~.ao.s~mnw
'i NINA FORGO, 890 South Saint Paul Street,
'!Oenver, Colorado 80209
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RECOROED Ztt ""''""'r~~~
COUNTY OF JEFFERSON
STATE OF COLORADO
RECEPTION N0. 87099424 '
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The City oi
ADMINISTRATIVE PROCESS APPLICATION
~Wheat
~Rid~re Department o£ Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant Rose Foster Address3441 Fenton street Phone~'~A-9~07
O~~ner Rose and Huah Fo~tar Address qaq~ FP„+-~., G{-YPP+' Phone „Q_~~~~
Location of request 3516 Jav Street ~f '~ 353~ J~Fy ST.
Type o£ action requested (check one or more of the actions listed below
which pertain to your request.)
~ Change of zone or zone conditions
- Site development plan approval
Speciai use permit
Conditional use permit
- Temporary use/building permit
~ Minor subdivision
Subdivision
e Preliminary
Final
[] ** See attached procedural guide
£or specific requirements.
_ Variance/Waiver
g Noncon£orming use change
= Flood plain special exception
Interpretation o£ code
Zone line modification
~ Public Improvement Exception
~ Street vacation
~ Miscellaneous plat
_ Solid waste land£ill/
mineral extraction permit
^ Other
Detailed Description of request c a ae znnP tn RC'-1 fnr »GP ~= a. ch~~~ care
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List ail persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME ADDRESS PHONE
Rose and Huqh Foster 3441 Fenton Street Wheat Ridge 238-2202
~
I certi£y that the in£ormation and_exhibits herewith submitted are true and
correct to the best of my knowledge and that in filing this application, I
am act3ng with the knowledge and consent of those persons listed above,
without whose consent the requested aotior, cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney £rom the owner
which approved of this act- n is ehalf.
~
Signature of Applicant . c~.~~~
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Subscribed and sworn to me this Jy_l-}~ day o£ P/ic, v , 19 (~
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Notary Public 4~y~ ~y,~~};,~~~,y u~,~q;:srd
S EAL Wh3~ ~i~"~,r~. ^c',~ad~ 6'~:
My commission expires
Date Received ,~i-/C-/-~j3 Receipt No. ~'J`~12~ Case No.
~ ~is~ No. wz-ss-s
EXHIBIT 'Q'
3516 dAY
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DESIGN SGENARIO #1
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3516 JAY
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MUL~I-LEVEL
"-~ FRAME AND 8ft1CK RES.
DESIGN SCENARIO #2
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Planning Commission Minutes
October 21, 1993
Page 5
however, i£ the person was intoxicated or readily admitted his
fault.
Commissioner QUALTERI reiterated that Ms. Donner had of£ered her
driveway to be utilized by the public.
Ms. Donner, stated yes her driveway only could be used by persons
needing to turn their vehicles around.
Commissioner QUALTERI asked if Ms. Donner's vehicle was
accidentally hit by another vehicle negotiating the turnaround
proce~s, would she expect compensation?
Ms. Donner, answered perhaps i£ the person was intoxicated.
Mr. Goebel explained £urther (by reference to the aerial photo
included in the packet) how the proposefl turnarounds would
function.
Commissioner JOHNSON asked Mr. Goebel what radius was necessary
to allow a an emergency vehicle to turn around?
Mr. Goebel stated that needed to be worked out.
Commissioner ECKHARDT moved that th'e request £or vacation of
Field Street between Field Street and Flower Street be
recommended for Approval excepting the portion o£ land at the
west end of Field Street shown in green on Exhibit 'B'. A
portion of the driveway on the west side of Field Street
(MCCloud's property 3255 Field Street) be dedicated as public
right-of-way and that a portion o£ Flower Street (Mr. Fourca8e`s
property at 3390 Flower Street) be dedicated as public right-of-
way. The exact dimensions and legal descrip~ions should be
prepared by sta£f and presented to City Council at the time o£
public hearing. .
Commissioner JOHNSON seconded the motion. Motion carried 6-1,
with Commissioner QUALTERI voting no.
Commissioner ECKHARDT complemented Planning and Public Works
Sta££ in their ef£orts to work'with the area residents to come to
an agreeable solution.
2. Case No. WZ-93-5: An appliCation by Nina Fargo and Rose
Foster for approval o£ rezoning fzom Residentiai-Two to
Restricted-Commercial One with restricted uses and a
paving variance for,proper~ies located at 3516 Jay
Street and 3536 Jay Street.
Ms. Reckert presented the staff report after providing several
exhibits to Commission for their perusal.
Planning Commission Minutes Page 6
October 21, 1993
Entered and accepted into the record were the Comprehensive Plan,
Zoning Ordinance, case file, packet materials and slides.
Commissioner QUALTERI asked Ms. Reckert if the property west of
the site was zoned R-2? ~
Ms. Reckert stated it was zoned R-2 and R-3 and the Comprehensive
Plan designates the parcel as a mix of high and low density
residential.
Mr. Gidley stated The Comp Plan was amended to designate all of
it as low density residential.
Commissioner QUALTERI asked for an explanation of zoning on the
Davis property.
Mr. Gidley stated that the northernmost site is zoned high
density, R-3, the southernmost portion of the site is zoned R-2,
low density residential.
Commissioner QUALTERI asked i£ the southern portion was about 200
f eet?
Mr. Gidley stated something cTose to that.
Commissioner RASPLICKA asked what hours the day care center
operates?
Ms. Reckert stated the applicant aould better answer that
question.
Huah Fo~ter 3441 Eenton Street, was sworn in. Mr. Boster gave a
brie£ history of the property. He felt the requested expansion
would have less impact than selling the house to a family with a
large number of children, since it contains six bedrooms.
Nina Forao, 890 South St. Paul Street, was sworn in. Ms. Forgo
stated she would like to combine the two parcels, expanding the
current facility to include in£ants anci toddlers. She expected a
maximum o£ 30 infants and she estimates one-half of those would
i~e generated by parents with children enrolled currently. This
would result in 15 new vehicles in the neighborhood twice daily.
Hours of operation are from 7:00 a.m. to 6:00 p.m., the center is
closed on weelsends and holidays.
Commissioner QUALTERI asked i£ her day care facility was licensed
with Social Services?
Ms_ Forao answered yes.
Commissioner QUALTERI asked if Social Services had expressed
concern with the open irrigation ditch on the propertp.
Planning Commission Minutes Page 7
October 21, 1993
Mc. Fnr~o stated that any bridge must have a roof and enclosed
sides.--She added that she wants to retain the residential flavor
if possible. Either parking scenario would work, however, she
prefers en~ering and exiting the property £rom 3ay Street.
Commissioner QUALTERI asked if Social Services inspected 3516-18
Jay Street?
Ms. Forao stated the property had been inspected and £ound to be
acceptable.
Chairperson LANGDON asked about the safety of ~he irrigation -
ditch.
Ms_ For~o ~tated that if the parking lot was situated where the
ditch must be crossed, then the bridge must be constructed
according to certain safety standards.
Rita Lefler, 6200 West 35th Avenue was sworn in. Ms. Le£ler
stated she is concerned with speeding traf£ic and noise in her
neighborhood. She had lost two dogs to tra£fic in recent years.
John Faes, 6205 West 35th Avenue was sworn in. Mr. Faes stated
he is ad~acent to the proposed site. His opposed changing the
zoning £rom residential to commeroial, since he felt property
values would su£fer.
vjvian Skvherg, 6210 West 35th Avenue was sworn in. Ms. Skyberg
stated she wanted the neighborhood to remain quiet, as she_just
retired and is new to the neighborhood.
shirlev Heiahton, 6160 West 35th Avenue was sworn in. Ms.
Heighton stated she lives directly across the street from 3616-18
Jay Street on West 35th Avenue. She doesn`t want to look out her
£ront windows and see a parking lot. Ms. Heighton added that
West 35th Avenue currently carries heavy traffic and parking can
be a problem. She opposes the requested change of zoning and
increasing the size of day care center.
Commissioner JOHNSON asked Ms. Heighton if she would prefer
having six teenagers to 15 babies?
Ms_ Heinh+~n stated yes, she would. She reiterated her feelings.
Mr. Foster stated that according to the leash law, dogs should be
on leash when out of the yard.
Nina Forao stated that she planned to maintain, a~ much as
possible, the residential look o£ the property. She £elt proper
landscaping would help. She in£ormed Commission how the children
are involved in the community.
Planning Commission Minutes Page 8
October 21, 1993
Commissioner QUALTERI asked if the new facility would house only
in£ants?
Ms_ F~rao stated it would house infants and toddler5. Toddlers
range from 12 months to 30 months. She elaborated.
Commissioner QUALTERI asked if they would be outdoors without
supervision?
Ms_ Forao stated absolutely not.
Commissioner QUALTERI asked about Ms. Forgo's pre£erence for
design scenario ~1. Ae noted that most of the concern voiced
tonight were regarding scenario #2. Is that amount of parking,
required?
Ms. Reckert stated the parking is needed. The designs are almost
equal in available parking spaces.
Commissioner QUALTEF2I had some further questions regarding the
intersection at 35th and Jay Street.
Mr. Gidley stated currently there are no proposals to physically
modify the intersect3on on the south.
Commissioner ECKHARDT voiced concern regarding the commercial
zoning classi£ica'cion. He asked if consideration had been given
to requiring a PRD. He was uncom£ortable with placing
stipulations on the commercial zoning designation.
Mr. Gidley statecl the outcome would be that a day care center
would be allowed, based on a site plan tied to the zoning,
whether as a PRD or conditional Restricted-Commercial One zoning.
Commercial ECKHARDT noted that two spealsers had voiced concern
about changing the zoning from residential to commercial.
Mr. Gidley stated that certain requirements exist relative,to the
ratio-o£ residential uses in a PRD. Nonresidential uses are _
restricted to: 1) one-acre o£ land, and 2) commercial uses cannot
exceed 250 of gross area o£ PRD.
Commissioner ECKHARDT asked about creating a PCD, as he had
concerns about R-Cl uses in a R-2 zone.
Mr. Gidley stated that staff pre£erred to see Special Use Permit
procedures for any kind of use. That was approved in commercial
districts, however, was not approved in residential zone
districts.-
Mr Faes pointed out where he resided and spoke of the impact the
expanded center would have on him.
Planning Commission Minutes
October 21, 1993
Page 9
Chairperson LANGDON asked if a Special Use Permit would require
paving.
Mr. Gidley stated that was not a requirement for a SUP, it is a
parking requirement in any zone district', including residential.
Ms. Heiahton asked why s~aff was refarring to the house (3516-18
Jay Street) as a duplex. She stated it is not a duplex, but a
house made into apartments. .
Chairperson LANGDON stated the zoning was R-2, whioh allows
duplexes, (i.e., two-£amily dwelling5).
Ms. Heiahton asked i£ the zoning is not changed, would additional
parking be required?
Mr. Gidley stated that a subdivision occurred on the southeastern
triangle in 7984 that subdivided that corner for the purpose o£
developing a single-fam3ly home. Single-family homes are
required to have four off-street parking spaces. Since there is
an existing two-family dwelling on the property, technically, the
requirement would be four o££-street parking spaces per dwelling
unit, totalling 12 parking spaces.
Ms. Hei~hton asked if the property remained residential in
nature, would the City require all the additional parking?
Mr. Gidley stated no. However, the property owner would have the
right to add 12 parking spaces if they desired.
Ms. xeiahton gueried Mr. Gidley regarding to the possible sale o£
the property and uses allowed should the proposed change o£
zoning be approved.
Mr. Gidley stated that the only use allowed would be a pre-
school/day care center or a residence. This could not be Changed
unless an applicant applied to change it.
Ms. Heiahton asked if the requested change of zoning is approved,
would an applicant be more likely to gain approval?
Mr. Gidley stated no, it would not.
Commissioner RASPLICKA asked Mr. Faes if he kept several vehicles
on his property?
Mr_ Faes answered he has two vehicles that are kept in his
garage.
Chairperson LANGDON asked if it would be possible. to a11ow the
day care center under any other type of zoning?
Mr. Gidley stated Planned Commercial Development.
Planning Commission Minutes
October 21, 1993
Page 10
Chairperson LANGDON asked i£ the PCD would force the paving of
the parking lot?
Mr. Gidley stated the applicant`s request to avoid paving is a
separate issue and requires appr"oval of a variance.
Mr. Gidley stated that parking £or a single-£amily home is
required to be paved. Mr. Gidley stated that another preschool
near this location was required to pave their parking lot, even
though they requested a gravel parking lot. For approval, the
variance requires a greater than majority vote, he added.
Commission may wish to consider each property and the variance
separately. He suggested numerous options and explained each.
Chairperson LANGDON asked if the property would be in con£ormance
should the rezoning request be approved.
Mr. Gidley stated it would.
Chairperson LANGDON asked what the advantage would be to dividing
the property?
Mr. Gidley stated the only advantage would be if Commission
wished to take di££erent actions on each parcel. He stated that
he did not hear objection to the existing day care center, just
to the expansion.
Commissioner JOHNSON asked about the legal protest submitted.
Mr. Gidley stated that by Charter, requires.a greater-than-
majority vote by City Council. It would require at least six
votas £or approval. Should Planning Commission deny the request,
the matter is dead unless applicant appeals to 'City Council.
Commissioner ECKHARDT stated he prefers the request for rezoning
was for a Planned Commercial Development, parking be on the north
side o~ trie di~ch (Sxhibit 'D'), and a considerable amount of
la~dscaping between the circle drive and the parking area. In
addition, curb, gutter and sidewalk be installed along Jay Street
and any necessary overflow parking would be on the south side of
the ditch along Jay Street. That over£low parking area should be
landscaped appropriately. He was in favor of paved parking.
Chairperson LANGDON stated he didn't feel that a nursery belonged
on a busy thoroughfare such as West 38th Avenue or Kipling. He
£elt landsoaping would help. He asked if it was normally
allowed.
Ms. Reckert stated that day care £or 6-12 children is al].ovaed in
a residential area by Special Use Permit.
Commissioner ECKHARDT stated it was obvious that a schoq! !:~r
children belongs in a residential area. _ -
Planning Commission Minutes
October 21, 1993
Page 11
Mr. Gidley suggested that Commission take a brief recess to
compose a motion. A recess was called at 9:30 p.m. Meeting
reconvened at 9:44 p.m.
Commissioner ECKfiARDT moved that Case No. WZ-93-5 be £orwarded to
City Council with a recommendation £or Approval with the
following conditions:
1. The zone classification requested be changed from RC-1 to
PCD;
2. The only uses aliowed be as Pollows: 1) day care center ~or
up to SO infants, toddlers, preschool children and
kindergarten; 2) one or two-family residence, as allowed in
the existing R-2 zone district.
3. The property would be developed and used as follows:
A. I£ used as residential, normal R-2 zone standards shall
apply.
B. If used as a day care/preschool/kindergarten center, it
shall be in accordance with staf£'s Eschibit 'C' and 'D',
(included in packet), which shall be accepted as meeting
the requirements o£ an Outline 8nd Fina1 Development
Plan.
C. That cur~, gutter and sidewalk shall be required to be
constructed along Jay Street with the change of 'use.
D. That a landscape buffer that does not violate sight
distance triangle standards yet provides a dense bu££er,
be placed between the parking area and Jay street. This
could include trees, shrubs and possibie berming.
E. Exhibit 'C' be amended to show an asphalt pull-of£ along
the north side o£ the structure (West 35th Place).
For the following reason:
1. The proposed use is compatible with a residential area.
Commissioner JOHNSON seconded the motion. He asked if the curb,
gutter and sidewalk would be on Jay Street only.
Ms. Reckert stated it would measure about 50 £eet in length.
Commissioner ECKHARDT noted that Public Works requested that the
J~ visibility at the intersection o£ Jay Street and West 35th Avenue
~ \ along the ditch be improyed. He included that in his motion.
` Commissioner JOHNSON agreed with the addition. Motion carried
7-0.
L--
~ ~
PUBLIC HEARING SPEAKERS' LIST
CASE N0: w7,-9'i-5 DATE: Octoher 2L 1993
REQUEST: An application by Nina Forgo and Rose Foster for approval
of rezoning from Residential-Two to Restricted-Commercial One
with restricted uses and a paving variance for properties
locatecl at 3516 Jay Street and 3536 Jay Street.
SPEAKER'S
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CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE NO: WZ-93-5 LOCATION: 3516 Jay St &
3536 Jay St
APPLICANT(S) NAME: Nina Fargo and Rose- Foster
OWNER(S) NAME: Same as above ,
REQUEST: Rezoning £rom R-2 to R-Cl with restricted uses
and a paving variance
APPROXIMATE AREA: 15,785 sq ft/20,000 sq ft
WHEREAS, the City o£ Wheat Ridge Planning Division has submitted a
list of factors to be considered with the above request, and said list
of factors is attached hereto and incorporated herein by reference,
and made a part hereo£; and
WHEREAS, there was testimony received at a public hearing heard by the
Planning Commission and such testimony provided additional facts.
NOW, THEREFORE, based upon the £acts presented and conclusions
reached, it was moved by Commissioner ECKHARDT, seconded by
Commissioner JOHNSON, that Case No. WZ-93-5 be forwarded to City
Council with a recommendation for Approval with the £ollowing
conditions:
1. The zone classification requested be changed from RC-1 to PCD;
2. The only'uses allowed be as follows: 1) day care center for
up to 80 infants, toddlers, preschool children and kindergarten;
2) one or two-family residence, as allowed in the existing R-2
zone district.
3. The property would be developed and used as follows:
A. If used as residential, normal R-2 zone standards shall
apply.
B. If used as a day care/preschool/kindergarten center, it
shall be in accordance with staff's Exhibit 'C` and 'D',
(included in packet), which shall be accepted as meeting the
requirements o£ an Outline and Final Development Plan.
C. That curb, gutter and sidewalk shall be required to be
constructed along Jay Street with the change of use.
D. That a landscape buffer that does not violate sight
distance triangle standards. yet provides a dense buP£er, be
Certificate o£ Resolution Page 2
Case No. WZ-93-5/Foster & Forgo
placed between the parking area and Jay street. This could
include trees, shrubs and possible berming.
E. Exhibit 'C' be amended to show an asphalt pull-off along
the north side o£ the structure (West 35th Place).
F. That visibility at the intersection o£ Jay Street and West
35th Avenue be improved, as per Public Works Department
request.
For the £ollowing reason:
1. The proposed use is compatible with a residential area.
VOTE: YES: Eckhardt, Quaiteri, Owens, Rasplicka, Langdon,
Crumpton & Johnson
NO: None
I,.Sandra_Wiggins, Secretary to the City of Wheat Ridge Planning
Commission, do hereby and herewith certify that the £oregoing
Resolution was duly adopted by a 7-O vote o£ the members present at
their regular meeting held in the Council Chambers of the Municipal
Building, Wheat Ridge, Colorado, on the 21st day o£ October, 1993.
~ ~- -~- ~/° ~~ Y
r~ r i / /ltll'//'./C-L ~.. -
~eorg~ LaiY~dori; Ch rperson Sandra Wiggins, ~ etary
WHEAT RIDGE PLANNI~COMMISSION WHEAT RIDGE PLAN G COMMISSION
<pc>resowz935
c
CITY OF WAEAT RZDGE
I~t~i FOR COUNCIL AGENDA •
~
Today's Date November 12. 1993
Memorandum to: Office of City.Rdministrator
Off3ce o£ City Clerk
From: _MorP,a++h RPr~kPr} Dl ~~npr
Re: Council Reg. Meeting ii/~~/4~ Study Session
(date) (date)
Under the Agenda Topic of:
_ Public Hearings .~ City Admin. Matters
_ Proclamations or City Attorney Matters
Ceremonies Bids/Motions
Public Comment . ~ Resolutions
_ Elected Officials ~ Ordinances for lst Reading
Matters _ Ordinances £or 2nd Reading
Please list the following item (attachment) on the Council
Agenda: ~
Case No. WZ-93-8/Casement, suggested hearing date
12/27/93
Case No. WZ-93-5/FOrgo, suggested hearing date
12/27/93
k ~ . •
INTRODUCED BY COUNC2L MEMBER
Council Bill No. ORDINANCE NO.
Series of 1993
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM
RESIDENTIAL-TWO (R-2) TO PLANNED COMMERCIAL DEVELOPMENT
(PCD) AND FOR APPROVAL OF AN OUTLINE AND FINAL
DEVELOPMENT PLAN ON LAND LOCATED AT 3516 AND 3536 3AY
STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE
OF COLORADO.
BE IT ORAAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
sPrtion 1. Upon application hy Nina Forgo and Rose Foster for
approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-93-5
and based upon recommendation for approval from the Wheat Ridge
Planning Commission, and pursuant to findings made based'on
testimony and evidence presented at public hearing before the
Wheat Ridge City Council, Wheat Ridge maps are hereby amended to
exclude £rom the Residential-Two District and to include in the
Planned Commercial Development Aistrict and £or approval o£ a
combined outline and final development, the following described
land:
3536 Jav $traot
That part of the west 1/2 of the Southeast 1J4 0£ the Northeast
1/4 of the Northwest 1/4 of Section 25, Township 3 South, Range
69 West known as and referred to as part of Lots 8 and 9, Conway
Heights, more particularly described as follows:
Beginning at a point 168 feet north of the southwest corner o£
said Lot 8; thence continuing north on west line of said Lot 8,
125.22 feet, more or less to a point 139 feet south of north line
of said Lot 9; thence east and parallel to said Lot 9, 125.67
feet to a point 100 feet west of east line o£ said Lot 9, thence
south and parallel to east line of said Lots 8 and 9, 125.22 £eet
to a pbint 168 feet north of south line o£ said Lot 8; thence
west 125.67 feet to point of beginning, County of Jefferson,
State of Colorado.
3516 Jav Streat -
That part of the W 1/2 SE 1/4 NE 1/4 NW 1/4 Section 25, Township
3 South, Range 69 West, known as and referred to as part o£ Lot
8, Conway Heights, more particularly described as follows:
Beginning at the southwest corner of said Lot 8; thence north
145.5 £eet; thence east 14Q feet; thence south 145.5 £eet; thence
west 140 £eet to the point o£ beginning, County of Jefferson,
State of Colorado.
-
. ~. . •
Ordinance No. Page 2
Series of 1993
Sectinn 2._ ConditionG. 1) The uses allowed be: 1) day care
center £or up to 80 infants, toddlers, preschool children and
kindergarten; 2) one or two-family residence, as allowed in the
existing R-2 zone district.
2) If used as residential, normal R-2 zone standards shall apply.
If used as a day care/preschool/kindergarten center, development
be in accordance with the requirements the approved Outline_and
Final Development Plan.
Section 3. Vested Pronertv Riahts. Approval of this rezaning
does not create a vested property right. Vested property rights
may only arise and aocrue pursuant to the prodisions of Section
26(c) of Appendix A o£ the Code of Laws of the City o£ Wheat
Ridge.
Section 4. Safetv ClausPz The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, sa£ety, and welfare of the public,
and that this ordinance is necessary £or the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 5_ Severahilitv. If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be ad~udged by a court oP
competent jurisdiCtion invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
section 6. This ordinance shall take effect days after
final publication.
INTRODUCED, READ, AND ADOPTED on £irst reading by a vote of
to on this day of , 1993, ordered
published in full in a newspaper of general circulation in the
City oP Wheat Ridge and Public Hearing and consideration on £inal
passage Set for , 1993, at 7:30 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote o£ to , this day of
1993. ~
t.
i`
•
Ordinance No.
Series of 1993
SIGNED by the Mayor on this
•
Page 3
day of , 1993.
DAN WILDE, MAYOR
Wanda Sang, City Clerk
lst Pubiication:
2nd Publication:
Wheat Ridge Sentinel
EfPective Date:
<pc>ordwz935
APPROVED AS TO FORM SY CITY ATTORNEY
KATHRYN SCHROEDER, CITY ATTORNEY
: ~
w ~` ~
INTRODUCED BY COUNCIL MEMBER EDWARDS
Council Bill No. 30 Ordinance No. 945
Series o£ 1993
TITLE: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CODE
OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO PAWN SHOPS
AND SPECIAL USES.
BE IT ORDAINED BY THE CITY COUNCIL OF TIiE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Ser±.tnn 1. Wheat Ridge Code of Laws, Chapter 26, Article 1.
Zoning Code, Section 26-6.(B) Special Uses is hereby repealed and
reenacted as follows:
"(B) Specia~. Uses: Special uses are discretionary uses
which are clearly shown to be void or deficient in an
area, and which if properly designed, developed,
operated and maintained, may be approved for any
speci£ic location within a zone district wherein the
special use is enumerated. Special Uses are highly
dependent upon proper design, management and
operational aspects, therefore such uses must be
considered as a personal grant of use, granted to the
owner of the special use and not as a grant of a vested
property right which transfers with the land or lease.
The only time a Special Use Permit may be transferred
to a new owner without re-applying for approval is
through inheritance by an heir. The primary issues
which planning commission and city council shall
address are those related to justification of need and
those special design and operational considerations
which mitigate potential detrimental impacts of a
special use ee~~.~~~~ :~3 ~:,~ on surrounding land uses,
the street system, or pubiic services or facilities. In
order to protect the public interest ~_._~ ~
eemr~~~~~.~, planning commission andycity council
shall have the right to approve, approve with
modifications o~ deny a special use request, and to
revoke previously approved special use permits pursuant
to subsection (6) hereof.
(1) Apniir.abi_ti.ty.. The requirements of this subsection
shall apply to all uses listed as "Special Uses" within
the provisions set forth for any particular zone
district.
(2) Annlication £orm and rPView nrc~naAi.~res:
(a) Prior to submitting any application for a special
use permit, the applicant shall be required to
hold a neighborhood input meeting. (See subsect3on
(F)(1) for requirements.)
.. - ~ ~
Ordinance No.' qt,5 Page 2
Series o£ 1993
(b) Special use applications shall ~ be originated
only by the prospective owner of the proposed
special use, with written approval of the fee
owner of the property in cases where the owner of
the property is different than the owner of the
proposed special use. Both the special use owner
and the land owner, or their legal
representatives, must be present at all public
hearin s . ' _ - .-. - - ` - - ~~ - - - -
g ..Y .:...~ ... ~.zcy~ or ~oy:t~:.,~ ..~.y
(c) .-.v.. - _~:.` -:::. --r-vi`-'c.''cc:,~.-.<;~ -
u.~..~ _~,T" Yv
Application shall be submitted on forms provided
by the department of planning and development, and
shall be accompanied by a copy o£ the property
deed, a certified survey, and a fee of one hundred
dollars ($100.00).
~ (d) All applications shali also be accompanied by a
site development plan and additional written
information in su£ficient detail to convey the
full intent o£ the applicant in developing,
operating and maintaining the special use. The
site development plan shall meet the requirements
of a Type I site plan as set £orth in subsection
(E)(1) below.
(e) Upon receipt of a complete application packet as
described ab.ove, the planning and development
department shall proceed with the £ollowing
process:
1. Re£er the application to afPected public
agencies for review and comment.
2. Within thirty (30) days of acceptance of a
completed application packet, give notice of a
scheduled public hearing on the application by
newspaper publication, letter notification and
posting in the manner as provided in
subsection (F)(1).
3. Prepare a written report and recommendations
to the planning commission which evaluates the
proposal and makes £indings using the,
following review criteria set forth in
subsection (3) beiow.
(3) Criteria f~r. reviPm~ Before a special use is approved,
the applicant shall show, and the planning commission
and city council shall £ind, the proposed special uses:
(a) Will meet a proven public need in that it will
fill a void in necessary services, products or
£acilities especially appropriate at the location
proposed, considering available alternatives.
(b) Will not have a detrimental effect upon the
general health, welfare, safety and convenience of
~
- ` i
Ordinance I3o. 945
Series o£ 1993
~
Page 3
persons residing or working in the neighborhood of
the proposed use.
(c) Will not create or contribute to blight in the
neighborhood by virtue of physical or operational
characteristics of the proposed use.
(d) Will not adversely a£fect the,adequate light and
air, nor cause significant air, water or noise
pollution.
(e) Is consistent with the comprehensive plan.
(f) Will not result in undue traffic congestion or
tra£fic hazards, or unsafe parking,~loading,
service or internal traffic conflicts to the
detriment of persons whether on or off the site_
(g) Will be appropriately designed, including
setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony
and compatible with character of the surrounding
areas and neighborhood, especially w3th ad~acent
properties.
(h) wili not over burden the capacities of the
existing streets, utilities, parks, schools and
other public facilities and services.
(4) Plannina r.ommission review: The pl3nning commission
shall hear and consider,any evidence or statement
presented by the applicant, city staff, or by any
person in attendance at the hearing. The planning
commission shall then make a recommendation to city
council to approve, approve with conditions or deny
the application, basing its recommendation upon the
facts presen-ted in the publfc hearing in consideration
of the criteria for review as specified in subsect3on
(3) above. Planning commission may recommend condi-
tions or stipulations, which may include physical
design as well as operational and maintenance
considerations, upon the special use in addition to
standard development and use regulations which apply
witriin a particular zone district or for a similar
"pex7n3tted use". Such conditions or stipulations may
be recommended in order to ensure compliance with the
criteria for raview, which, if not complied with, shall
be grounds for revocation of the special ~~n3i-~~.:.:.~
use. A recommendation for denial shall be considered
Einal, unless the applicant files an appeal to city
council.
(5) Citv council revi.ew. City Council Shall review and
decide upon all requests for special uses upon
recommendation of planning commission for approval or
upon appeal by an applicant of a recommendation for
denial by planning commission. Special uses may only
be approved by passage of an ordinance, following the
tt
~ • •
Ordinance No. 945
Series of 1993
Page 4
city's standard ordinance adoption procedures. Notice
of public hearing shall be in the manner provided in
subsection 26-6(F)(1). City council, in addition to
consideration of the planning commission record, shall
hear add3tional evidence and test3mony presented, and
either pass, pass with modifications, or deny the
ordinance, its decision being based upon all evi:dence
presented, with due consideration of the criteria £or
review.
(6) Rnforcement. All conditions and stipulations imposed
by city council shall be maintained in perpetuity with
the special ,;~:.~~~~~-.a=- use. If at any time the
stipulations or conditions are not adhered to or are
£ound to have been materially altered in scope,
application or design, the zoning administrator shall
noti£y a code enforcement officer of the nature of the
violation(s) and the code enforcement officer shall
investigate, and if appropriate, initiate revocation
~~~~~ ~_______...~..;~ proceedings which shall include
the following:
(a) Notice of violation following procedures as set
£orth for Nuisances pursuant to Wheat Ridge Code,
Chapter 15.
(b) Upon a finding of nonaompliance by a Code
Enforcement Officer after the prescribed
correction date, the Zoninq Administrator shall
schedule a revocation hearing before the City
Council. Such revocation hearing date shall be
sat by City Council after lst reading of an
ordinance therefore. The purpose of the revocation
hearing shall be for the City Council to hear
evidence concerning the nature and extent of the
alleged noncompliance with the conditions of the
Special Use Permit. The Council shall have the
power, upon good cause being shown, to cancel or
revoke the previously issued Special Use Permit,
to require certain corrective measures to be
taken, and/or to direct the City's agents to enter
upon the premises and take corrective measures
required by the City Council, and to modify the
conditions which apply to the Special Use Permit.
Any revocation action shall become effective
fifteen (15) days after final publication of the
ordinance. Any other action shall require a
continuance of the public hearing to a specific
future date, and a motion stipulating the specific
corrective measures that are to be accomplished
either by the special use owner or by an 'agent of
the City within that time period. Upon the date
of the continued hearing, should the Council find
that the conditions and stipulations have not been
. ~
Ordinance No. 945
Series o£ 1993
Page 5
satisfactorily met, Council shall adopt the
revocation ordinance."
('7) Nonc:nnformina Sne~isl Use~:
Notwithstanding the provisions of this Zoning
Code Section 26-7. Nonconforming lots, uses
and structures, any special use which is
nonconforming to the provision5 of this
Section 26-6.(B) by way of not having
received approval of a Special Use Permit
under prior rules and procedures shall
terminate, or shall otherwise become
conforming to these provisions, within
five (5) years of the date that such
nonconforming status became effective.
In addition, within this five (5) year
amortization period, no nonconforming
special use shall change ownership without
coming into conformance with this,Section
26-6.(B). All other provisions of Section
26-7 shall apply.
~ectinn 2_ Wheat Ridge Code o£ Laws, Section 26-23. Commercial-
Two District (C-2), subsection (E) Special Uses, is hereby
amended by the addition of an additional special use as follow:
"(d) Pawn Shops."
~tion~ Wheat Ridge Code of Laws, Section 26-5. Definitions
subsection (a) is hereby.amended by the inclusion of an
additional definition, in the appropriate alphabetical order, as
£ollows:
"Pawn Shop. A commercial establishment where a
pawnbroker, as defined by Colorado Revised Statutes,
regularly conducts the business of making contracts
for purchase or purchase transactions."
Ser.t.fon 4, Wheat Ridge Code o£ Laws, Section 26-10 through
Section 26-15, and Sections 26-18 and 19, subsections (E) Special
Uses, are hereby amended by addition o£ the £ollowing new special
uses:
"Small Day Care CQnter, Day Care Center."
Secta_on 5. Wheat Ridge Code of Laws, Sections 26-16 and 26-17,
subsections (E) Special Uses, are hereby amended by addition of
the following new special use: .
~
~ ~
Ordinance No. 945 Page.6
Series of 1993 ~
"Day Care Center."
Sectinn 6_ Safetv Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated £or ~he health, safety, and wel£are of the public,
and that this ordinance is necessary for the pre~ervation o£
health and safety and for the protection of public convenience
and welfare. T.he City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section _. Severab~litv. I£ any clause, sentence, garagraph, or
part o£ this ordinance or the application thereof to any person
or circumstances sha11 for any reason be ad~udged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its .
application to other persons or circumstances.
Sectinn 8. s,xpPrsession Clause. i£ any provision, requirement
or standard established by this Ordinance is found to conflict
with similar provisions, requisements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which
are in existence as of the date of adoption of this Ordinance,
the provisions, requirements and standards herein shall supersede
and prevail.
Section 9_ This ordinance shall take effect upon approval by
City Council.
INTRODUCED, READ, AND ADOPTED on first reading by a vote o£ 8
to 0 on this ~2nd day of November , 1993, ordered
published in fu11 in a newspaper of general circulation in the
City of Wheat Ridge and Public Hearing and consideration on £inal
passage set for ~cember 13 , 1993, at 7:30 o'clock p.m., in
the Council Chacnybers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHSD on second and £inal reading
by a vote of 6 to 2 , this 13th day of December ,_
1993.
SIGNED by the Mayor on this 14th day of De~ember' , 1993.
~-~/....2.d..~~
DAN WILDE, MAYOR
~
Ordinance I30. q45
Series o£ 1993
ATTEST-
. y,...r
Wanda Sang, itV ~lerk
V
~
Page 7
APPROVED AS TO FORM BY CITI' ATTORNEY
;<>~,~~i~~ ~.~
KA HRY SCHROEDER, CITY ATTORNEY
lst Publication: November 30, 1993
2nd Publication: December 21, 1993
Wheat Ridge Sentinel
Effective Date: December 13, 1993 ,
<ldr>ordspecialuses
~
.
M E M O R A bI D U M
TO: b Middaugh, City Administrator
FROM: Glen Gidley, Director of Planning & Development
RE: Council Bill 27/Amendment to Zoning Ordinance
Regarding Special Uses and Pawn Shops
DATE: December_6, 1993
Planning Commission held a public hearing on proposed Council
Bill 27,on December 2 and made the recommendation that Council
approve the proposal, however, offered the following amendments:
1. A provision be added that would allow heirs to an estate
to continue to operate a Special Use upon death of the owner
without need of a new Special Use Permit. As an example, a
son could take ownership as heir to a business without loss
o£ the Special Use Permit or the need to renew it.
2. A statement be added where it is desired to transfer
ownership of-a Special Use that the City will not
"unreasonably withhold or refuse such trans£er".
3. Existing Special Uses be "grandfathered" and not be
considered "noncon£orming" and not be sub~ect to either the
proposed five-year, or existing 15-year amortization schedule
for nonconforming uses.
4. Child care facilities currently not permitted in residential
zone districts be added to those districts as Special Uses,
sub,ject to the new proposed requirements.
CTAFF (;niviMF.NTG ANn RECnMMENDATIONS
s.. .._- -- -. _.. _
#1. - I believe that this is a legitimate issue and should be
incorporated. I would recommend that Council Bill 27 be
amended under Section 1.(B) Special Uses by adding the
following sentence near the middle of the paragraph as
Pollows:
".... property right which transfers with the land or
lease. THE ONLY TIME THAT A SPECIAL USE PERMIT MAY BE
TRANSFERRED TO A NEW OWNER WITHOUT RE-APPLYING FOR APPROVAL
IS THROUGH INHERITANCE BY AN HEIR. The primary issues ..
~
#2. - This recommendation by Planning Commission is redundant and
unnecessary. Planning Commission and.City Council must
make findings of fact, draw conclusions and make
recommendations based upon those findings o£ £act, as a
matter of standard zoning law. Hence, I would recommend
~
,
~ Memo to Bob Middaugh, City Administrator Page 2
December 6, 1993
against incorporating this provision. If, however, Council
desires to incorporate some provision that makes a
"transfer of ownership" easier, faster and/or more assured,
then they could incorporate a transfer process that does
not require a full-blown Special Use Permit process. By
way o£ example, a SUP ownership transfer'could be placed
upon a Planning Commission agenda for public hearing and
decision, without need for Council action, except upon
appeal.
#3. - For many years, the City has approved Special Uses o£ land
• following current procedures. Planning Commission is
suggesting that those existing legal Special Uses be
allowed to continue without being subjected to the £ive or
15-year amortization schedule, or subjected to the
ownership trans£er limitations. I would generally agree
with the Planning Commission on the five-year amortization
schedule as some uses have made a substantial investment in
reliance upori past approvals. I wouid however, recommend,
that Council retain the "no trans£er o£ owne~ship"
provision in some form as discussed in #2 above.
#4. - With the changes to the Special Use Permit procedures as
proposed, there will be several uses throughout the various
zone district regulations that we may want to consider
either moving into a Special Use category, or in some
cases, moving out into one of the other use categories
(i.e., Conditional or Permitted). Planning Commission has
recently dealt with this particular issue (child care
center within a residential zone district) and was trying
to £ind an aiternative to rezoning to a commerciai zone
district. Hence, their recommendation to include this use
as a Special Use in residential zones. I agree with their
proposal. If Council desires to include this amendment in
Council Bill 27, it would be accomplished by adding the,
following Section 4. and 5_ to the Council Bill and re- .
numbering the subsequent sections. In summary, it adds
"Small Day Centers and Day Care Centers" to the R-1 through
R-2A districts, and the A-1 and A-2 districts as Special
Uses. It aiso adds "Day Care Centers" to R-3 and R-3A
districts, as "Small Day Care Centers" are already listed
in those districts.
Section 4_ Wheat Ridge Code of Laws, Section
26-10 through Section 26-15, and Sections
26-18 and 19, subsections (E) Special Uses,
are hereby amended by addition of the
following new special uses:
"Small Day Care Center, Day Care Center."
~
Memo to Bob Middaugh, City Administrator Page 3
December 6, 1993
Section 5. 4lheat Ridge Code of Laws, Sections
26-16 and 26-17, subsections (E) Special Uses,
are hereby amended by addition of the following
new special use:
"Day Care Center."
GEG:slw
~ ~
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the
City of Wheat Ridge City Council on January 10, 1994 at 7:30 p.m. at
7500 West 29th Avenue, Wheat Ridge, Colorado. All interested c3tizens
are invited to speak at the Public Hearing or submit written comments.
The following petition shall be heard:
1. Case No_ WZ-93-5: An appl,ication by Nina Fargo and Rose
Foster £or approval of site design variances for property located
at 3516 and 3536 Jay Street. This case will be heard concurrently
with a rezoning request. Said parcels are legally described as
follows:
3536 Jav Straet
That part o£ the west 1/2 of the Southeast 1/4 of the Northeast 1/4 of
the Northwest 1/4 of Section 25, Township 3 South, Range 69 West known
as and referred to as part of Lots 8 and 9, Coniaay Heights, more
particularly described as follows:
Beginning at a point 168 feet north of the southwest corner of said
Lot 8; thence continuing north on west line of said Lot 8, 125.22
£eet, more or less to a point 139 feet south oE north line of said Lot
9; thence east and parallel to said Lot 9, 125.67 £eet to a point 100
feet west of east line of said Lot 9, thence south and parallel to
east line of said Lots 8 and 9, 125.22 feet to a point 168 feet north
o£ south line of said Lot 8; thence west 125.67 £eet to point o£
beginning, County of Jefferson, State of Colorado.
357.6 Jav Straet
That part of the W 1/2 SE 1/4 NE 1/4 NW 1/4 Section 25, Township 3
South, Range 69 West, known as and referred to as part of Lot 8,
Conway Heights, more particularly described as £ollows:
Beginning at the southwest corner o£ said Lot 8; thence north 145.5
feet; thence east 140 feet; thence sou-th 145.5 feet; thence west 140
feet to the point of beginning, County of Jefferson, State of
Colorado. .
ATTEST:
Wanda Sang, City Clerk
To be Published: December 21, 1993
Wheat Ridge Sentinel
~
S ra Gli~ins, S e~ y
~
<pc>pnwz935
.., y.• ~ -
P.O. BOX 638 TELEPHONE: 303/237-6944
7500 WEST 29TH AVENUE . WHEAT RIDGE, COLORADO 80034
December 27, 1993 _
This is to inform you that Case No.
The ciiy of
~Wheat
~Ridge
r~,~~qz_~ which is a
request for ~nnrnval of a rezonincr from R-2 to Planned Commercial
no<:oi~nmA„+ z.,;+h S~'FP ~7a~ian waivers
£or property located at 351_6 and 3535 Jav Street_
will bef heard by
the Wheat Ridge ~;t_v ~ouncil
3n the Council Chambers
o£ the Municipal Complex, 7500 West 29th Avenue at ~~nn n_m=
on Januarv 10. 1994
All owners and/or their legal counsel nf the parcel under
consideration must be present at this hearing befora the
r;+~r rn,mri 1 .
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments. It
shall be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
I£ you have any questions or desire to review any plans, please
contact the Planning Divis3on. Thank you.
PLANNING DIVISION
<pc>phnoticeform
,
°~The Carnation City"
- ~
. A •~ r.-
Dear Adjacent Property Owner:
I£ you have received this notice, you reside or own property
adjacent to a property involved in a land use case being
processed by the City of Wheat Ridge.
This notice is intended to inform you of'the process involved in
land use development applications.
Prior to application for rezoning or special use permit, the
developer is respbnsible £or holding an in£ormal neighborhood
meeting. The purpose of the meet3ng is to provide -the
opportunity for citizens to become aware of a proposed
developmen~t in their neighborhood and to allow the developer to
respond to citizen concerns in ~he design of their proje6t. All
residents within 600 feet are required to be notified o£ the
meeting.
A sta££ planner will attend the meeting to discuss City policy
and regulations and the process involved, however, the planner
wili remain impartial regarding viability o£ the project.
ICeep in mind that this is not a public hearing. Although a
synopsis of the meeting will be entered as testimony, it is the
public hearings in front of Planning Commission and City Counc3l
where decisions are rendered. Sf you want input in the decision-
making process, it is imperative that you attend the public
hearings.
The public hearings you will be attending are quasi-judicial in
nature. Please do not contact your Planning Commissioners or
Council people to discuss the merits o£ a case prior to the
public hearing. It could jeopardize your representatives'
ability to hear the case.
I£ you are an adjacent property, you may have the right to file a
"legal p~otest" against the app].ication. The result of this
fil3ng 3s that it requires a 3/4 majority o£ City Council to
approve a request.
If you have questions regarding any of the in£armation given
above, do not hesitate to contact a planner at the City o££ices
by calling 235-2846. The Planning & Development Department is
open Monday through Priday 8:30 a.m. through 5:00 p.m.
<pc>adjpropowner
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CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: City Council Date Prepared:. December 29, 1993
Date of Meeting: January 10, 1994 Case Manager:t"Meredith Reckert
Case No. & Name: WZ-93-5/FOrgo and Foster
Action Requested: Rezone from R-2 to PCD with a paving variance
Location of Request: 3516 & 3536 Jay Street
Name & Address of Applicant(s): Rose Foster Nina Forgo
3441 Fenton St 890 S St. Paul St
Wheat Ridge Denver 80209
Name & Address of Owner(s): Same as above
-----------------------------------------------------------------
Approxiraate Area: 15,785 sq ft & 20,400 sq Pt
Present Zoning: R-2
Present Land Use: pre-school & residence
Surrounding Zoning: All sides: R-2
Surrounding Land Use: N~ ~~ E: Low density residential W: vacant
& low density
Comprehensive Plan for Area: Low density residential
----
Date ------------------
Published: --------
November
30,
1993
Date to be Posted: December 27, 1993
Date Legal Notices Sent: December 27, 1993
Agency Check List (XX) Attached () Not Required
Related Correspondence (XX) Attached ( ) None
-----------------------------------------------------------------
ENTER INTO RF.CORD:
(XX) Comprehensive Plan (XX) Case File & Packet Materials
(XX) Zoning Ordinance ( ) Slides
( ) Subdivision Regulations ( ) Exhibits
-----------------------------------------------------------------
JURISDICTION•
The property.is within the City of Wheat Ridge, and all notification
and posting requirements have been met, therefore there is
jurisdiction to hear this case.
i
City Council Sta££ Report
Case No. WZ-93-5/FOrgo/FOSter
I. REOUEST
The applicant requests approval of
Planned Commercial Development for
Jay Street.
Page 2
a rezoning from Residential-Two to
properties located at 3516 and 3536
The purpose of the rezoning is for legalizing a noncon£orming use and
expansion of the existing nursery/kindergarten. Because there are two
separate properties and situations, the properties will be discussed
separately.
II. PROPERTY CONFICURATTQN - 3536 JAY STRF.ET
The existing Wheat Ridge Preschool and Kindergarten has existed on the
northern property (3536 Jay Street) since the late 1950s. Enrollment
at the school is approximately 40 children with four to £ive £ull-time
teachers on Staff. It is a corner lo-t with frontage on Jay Street and
West 35th Place.
The'property is currently nonconforming in regard to zoning (R-2 where
at least R-C1 is required), parking access (open access) and the
amount of parking. Based on the City's current standards, at least 11
of£-street parking spaces are required where only seven spaces are
provided at this time. The owner is proposing no physical changes to
the property.
In regard to the existing zoning, the nonconforming use of the
property can remain in existence until the year 2000 when at that
point either the nonconformity shall cease or the zoning be changed.
In accordance with the current code, a small day care home (up to six
children) is an allowed home occupation in all residential zones. At
the time o£ applicatidn, day care centers were only allowed in
Commercial zones, however, the newly approved Ordinance #945 allows a
day care center as a special use in all of the City's residential zone
districts. Discussion under Section X.
Please note that if the zone change is approved £or either or both of
the properties, the owner/applicant would agree to uses restricted to
those allowed in the R-2 zone plus a day care/kindergarten. The full
range o£ R-C1 uses would not be allowed. See attached lists of uses
for R-2 and R-C1 labelled Exhibits 'A' and `B'.
III. CRITERIA - 353h Jav S{'YPPi1
Staf£ has the following comments regarding the criteria used to
eva].uate a rezoning for property at 3536 Jay Street.
1. That the change of zone is in conformance, or will bring the
property into conformance with the City of Wheat Ridge
Comprehensive Plan goais, objectives and policies, Comprehensive
Land Use plan ancl other related policies or plans for the area.
~
~ ~
C3ty Council Staff Report Page 3
Case No. WZ-93-5/Forgo/Foster
Approval of rezoning will correct a zoning which is not in conformance
with historical land use on the property.
The Comprehensive Plan shows this area as being "low density
residential". The use o£ the land as a day care/school is a support
use for the surrounding residential area, however, any commercial zone
approved for this property would be inconsistent with the low density
designation.
2. That the proposed change of zone is compatible with the
surrounding area and there will be minimal adverse impacts
considering the benefits to be derived.
The owner proposes no changes -to the property.
3. That there will be social, recreational, physical and/or
economic bene£its to the community derived by the change of zone.
This is a use which was existing prior to incorporation. The school
has been serving the needs of the community for aimost 40 years.
4. That adequate infrastructure/facilities are available to
serve the type of uses allowed by the change o£ zone,'or that the
applicant will upgrade and provide such where they do not exist or
are under capacity.
All infrastrub-ture and services are curreritly in place.
5. That the proposed rezoning w411 not adversely affect public
health, sa£ety or wel£are by creating excessive traffic
congestion, create drainage problems, or seriously reduce light
and air to adjacent properties.
There should be no further impact to the neighborhood in regard to
drainage or the reduction of light and air to adjacent properties.
However, parking is inadequate for the current capacity of the school.
Cars are being parked along West 35th Place which is substandard in
width. Staff recommends additional asphalt be placed between the
north side of the house and the edge of asphalt.on West 35th Place to
provide more of a parking pull-o£f.
6. That the property cannot reasonably be developed under the
existing zoning conditions.,
The property could be converted back to a residence but this seems
unlikely.
7. That the rezoning will not create an isolated or spot zone
district unrelated to adjacent or nearby areas.
This would be spot zoning, however with the use stipulations, this is
more akin to a Special Use Permit.
~ ~
City Council Staf£ Report Page 4
Case No. WZ-93-5/FOrgo/Foster
8. That there is a void in an area or community need that the
change of zone will fill by providing £or necessary services,
products or facilities especially appropriate at the location,
considering available alternatives.
The schooi is fulfilling a need with3n the community for preschool
services, however, there are other alternatives available instead of
rezoning.
IV. PROPERTY CONFIGURATION - 351Fa Jav
The applicant has an option to purchase the duplex directly to the
south of the current school.
The property is a corner lot with frontages on Jay Street and West
35th Avenue. It encompasses 20,000 square feet of land area and is
traversed by the Rocky Mountain Ditch.
Use of the new facility would be for the day care of newborns and
toddlers with an expected capacity of 30 children and five staPf
members.
Based on these figures, a total of ten parking spaces is required
including a van space. Exhibit D shows the proposed use of the
property with all of the parking and a drop-o£f area on Jay Street.
Circulation would be one way. Aside from the parking, drop-off area
and fencing, there should be no other changes to the property.
The applicant/owner would like the lot to be gravelled rather than
paved. This is a specific design variance which must be considered by
City Council. See Section VI. Variance.
V. CRITERIA - 3516 Jav Street
Staff has the following comments regarding the criteria used to
evaluate a rezoning for 3516 Jay Street.
1. That the change of zone is in conformance, or will bring the
property into con£ormance with the City o£ Wheat Ridge
Comprehensive Plan goals, objectives and policies, Comprehensive
Land Use plan and other related policies or plans for the area.
The Comprehensive Plan designates this property as "low density
residential". The limited uses of the property will be primarily
residential (R-2 uses and a day care). Day care facilities are
generally thought to be support services for residential areas.
However, commercial zoning is incompatible with the area.
2: That the proposed change of zone is compatible with the
surrounding area and there will be minimal adverse impacts
considering the benefits to be derived.
~ ~
City Council Sta£f Report Page 5
Case No. WZ-93-5/FOrgo/FOSter
Surrounding land use and zoning on all sides is R-2 developed in
single-family residences and duplexes. Once again, the proposed use
is in support of residential generally, however, the zoning is not.
3. That there will be social, recreational, physical and/or
economic benefits to the community derived by the change of zone.
There would be social benefits to the community with expansion o£ the
area by way of expanded child care fac3lities in a working class
neighborhood.
4. That adequate in£rastructure/facilities are available to
serve the type o£ uses allowed by the change of zone, or that the
applicant will upgrade and provide such where they do not exist or
are under capacity.
There is adequate infrastructure for the £acility.
5. That the proposed rezoning will not adversely af£ect public
health, safety or welfare by creating excessive traffic
congestion, create drainage problems, or seriously reduce light
and air to adjacent properties.
The rezoning should not negatively affect the public health, sa£ety
and welPare by creating drainage problems or reducing light and air.
If appropriately designed with adequate parking, traffic congestion
should be minimal.
6. That the property cannot reasonably be developed under the
existing zoning conditions.
The property is currently utilized as a duplex, there£ore it can be
used as zoned.
7. That the rezoning will riot create an isolated or spot zone
district unrelated to adjacen-t or nearby areas.
From a strict zoning standpoint, the intrusion of a commercial zone
into the neighborhood is considered spot zoning. However, the use as
a day care center is typically considered to be residential in
character as it is a low intensity use.
8. That there is a void in an area or community need that the
change of zone will fill by providing for necessary services,
products or £acilities especially appropriate at the location,
considering available alternatives.
There is a void in the market for good day care facilities.
VI. PAVING VARIANCE
Staff has the following comments regarding the criteria used to
evaluate a variance request. As mentioned in Section IV, any £ormal
, r
City Council Staff Report Page 6
Case No. WZ-93-5/FOrgo/Foster
parking areas are required to be paved. The applicant is proposing a
gravel lot £or the expanded facility.
1. Can the property in question yield a reasonable return in
use, service or income i£ permitted to be used only under the
conditions allowed by regulation for,the district in which it is
located? .
Assuming rezoning occurs, a nursery could still operate with an
asphalt or concrete parking lot if the variance is not granted.
2. Is the plight of the owner due to unique circumstances?
Circumstances are unique due to the residential character of the area.
3. If the variation were granted, would it alter the essential
character o£ the locality?
No, as there are many residences with gravel driveways.
4. Would the particular physical surrounding, shape or
topographical condition of the specif3c property involved result
in a particular hardship (upon the owner) as distinguished from a
mere inconvenience, if the strict letter of the regulations were
carried out?
Inconveriience.
5. Would the conditions upon which the petition £or a variation
is based be applicable, generally, to the other property within
the same zoning classification?
A precedent could be established. Another day care center built
within a residential setting several blocks east was required to pave
their parking lot.
6. Is the purpose o£ the variation based exclusively upon a
desire to make money out of the property?
The variance request is economically motivated from the standpoint
that gravel is less expensive than paving.
7. Has the alleged difficulty or hardship been created by any
person presently having an interest in the property?
Yes, the applicant has an option to purchase the property.
8. Would the granting of the variations be detrimental to the
public welfare or injurious to other property or improvements in
the neighborhood in which the property is loca-ted?
Granting of the paving variance may not be detrimental to the public
welfare or injurious to property or improvements in the neighborhood
~ ~
City Council Staf£ Report Page 7
Case No. WZ-93-5/FOrgo/FOSter
in that gravel and rock will be brought out onto the paved driving
surface oP Jay S-treet with exiting cars and with snow plowing
pract3ces.
9. Would the proposed variation impair the adequate supply of
light and air to ad~acent property or substantially increase the
congestion in the public streets or increase the danger of fire
or endanger the public sa£ety or substantially diminish or impair
property values within the neighborhood?
The variance would not impair the supply of light and air, increase
traffic congestion, increase fire danger, endanger public safety or
diminish property values in the neighborhood. It would give more of a
residential "feel" to the nursery parking area.
VII, NEIGHRORHOOD MEETI'.N[;
A meeting for neighborhood input was held on May 20, 1993. Aside from
Staf£ and the owner/applicants, two residents from the area attended.
Concerns expressed included noise during the day and primarily traffic
on Jay Street and West 35th Avenue.
Included uncler Exhibit E are a letter of protest and a legal protest
submitted regarding this case. If the request is amended to a Special
Use Permit, the legal protest is unapplicable.
VIII. AGENCY REFERRALS
All agenoies can serve both properties.
Public Works would like to see construction oP curb, gutter and
sidewalk along the West 35th Avenue and Jay Street frontages. A
drainage plan and report wi11-be required if the paving variance is
not approved. The sight distance visibility at West 35th Avenue/Jay
Street 3ntersection needs to be improved by the removal of obstructive
foliage.
IX. PLANNING COMMISSIDN HCTIO13
Planning Commission reviewed this request at a public hearing held on
October 21, 1993. A recommenda-tion of approval was made £or the
following reason:
1. The proposed use is compatible with a residential area.
With the following conditions:
1. The zone classification requested be changed from RC-1 to PCD;
2. The only uses allowed be as follows: 1) day care center for
up to 80 infants, toddlers, preschool children and kindergarten;
~
City Council Sta££ Report
Case No. WZ-93-5/FOrgo/Foster
Page 8
2) one or two-£amily residence, as allowed in the existing R-2
zone district.
3. The property would be developed and used as follows:
A. I£ used as residential, normal R-2 zone standards shall
apply.
B. If used as a day care/preschool/kindergarten center, it
shall be in accordance with staff's Exhibit 'C' and 'D',
(included in packet), which shall be accepted as meeting the
requirements of an Outline and Final Development Plan.
C. That curb, gutter and sidewalk shall be required to be
constructed along Jay Street with the change of use.
D. That a landscape bu£fer that does not vioiate sight
distance triangle standards yet provides a dense buPfer, be
placed between the parking area and Jay street. This could
include trees, shrubs and possible berming.
E. Exhibit 'C' be amended to show an asphalt pull-o£f along
the north side o£ the structure (West 35th Place).
F. That visibility at the intersection of Jay Street and West
35th Avenue be improved, as per Public Works Department
request.
X. ORDINANCE #945
Subsequent to Planning Commission review of this case, City Council
approved Odinance #945. This ordinance amended the Special Use Permit
provisions to grant the Special Use to a particular persori rather than
as a vested right of the property. A transfer o£ property title would
not allow transfer o£ the Special Use approval, as has been previously
allowed.
The regulations also amended all of the residential zone districts to
allow a small day care center and a day care ceriter as a Special Use.
Staff recommends that the request be changed from a rezoning to a
special use permit, thus allowing the property to remain residentially
zoned. The site pians included are adequate for a Special Use Permit
approval.
Staff has the £ollowing comments regarding the criteria used to
evaluate a Special Use Permit:
~
1. Will meet a proven pubiic need in that it will fill a void in
necessary services, products or facilities especially appropriate
at the location proposed, considering available alternat3ves..
~ *
City Council Staf£ Report , Page 9
Case No. WZ-9.3-5/FOrgo/FOSter
There is a void in services for good day care opportunities throughout
the metropolitan area.
2. Will not have a detrimental effect upon the general health,
welfare, safety and convenience of persons residing or working in
the neighborhood o£ the proposed use.
Approval of a Special Use Permit will not negative affect the health,
sa£ety and welfare of the neighborhood if utilized as shown in
Exhibits C and D.
3. Will not adversely affect the adequate light and air, nor cause
signiPicant air, water or noise pollution.
The proposal will not adversely a£fect the amount of adequate light
and air nor cause air or water pollution. There should be a minimal
increase in noise, if any.
4. Is consistent with the comprehensive plan.
I£ approved as a special use, the day care/kindergarten is consistent
with the Comprehensive Plan. IP approved as a result of a commercial
zoning, it is not.
5. Will not result in undue traffic congestion or traffic hazards, or
unsafe parking, loading, service or internal tra£fic con£licts to
the detriment of persons whether on or off the site.
The parking lot has been designed to provide safe, off-street parking
and loading.
6. Will be appropriately designed, including setbacks, heights,
parking, bulk, buffering, screening and landscaping, so as to be
in harmony and compatible with character of the surrounding areas
and neighborhood, especially with adjacent properties.
The applicant has attempted to make the proposal as "residential" in
feel as possible.
7. Will not over burden the capacities of the existing streets,
utilities, parks, schools and'other public £acilities and
services.
All streets, utilities and other public Pacilities and services are in
place. The school provides its' own recreation opportunities,
therefore there should be no impact on parks in the area.
X2. STAFF RECOMMENDATIONS
Sta£f concludes that the existing facility has been in operation for
almost 90 years. Staff concludes that a day care/nursery is generally
considered a low intensity use and a support service fox residential
~ ~ ~
City Council StaP£ Report Page 10
Case No. WZ-93-5/Forgo/Foster
areas. For these reasons, a recommendation of Approval is given for a
Special Use Permit for 3536 and 3516 Jay Street with the following
conditions:
1. The Special Use Permit be granted to the Wheat Ridge Preschool and
Kindergarten under the ownership and operation of Nina Forgo.
2. The Special Use Permit be limited to a day care center Por up to
80 infants, toddlers, preschool children and kindergartners.
3. The use o£ the property shall be in accordance with Exhibits
C and D.
4. That curb, gutter and sidewalk shall be required to be
constructed along Jay,Street with the change of use.
5. That a landscape buf£er that does not violate sight distance
triangle standards yet provides a dense buffer, be placed between
the parking area and Jay Street. Th3s could include trees,
shrubs and possible berm3ng.
6. Exhibit 'C' be amended to show an asphalt pull-off along the north
side'of the structure (West 35th Place).
7. That vis3bility at the intersection of Jay Street and West 35th
Avenue be improved, as per Public Works Department request.
In regard to the paving variance, Staff concludes that circumstances
are not unique. There is another day care center located several
blocks to the east that was required to pave their parking when they
developed within a residential setting, and gravel may be tracked onto
Jay Street. Therefore, we recommend Denial oP the variance request.
X. RECOMMENDED MOTIONS
,Snecial Use Permi~
"I move that Case No. WZ-93-5, a request for approval of a rezoning
from R-2 to Planned Commercial Development, be amended to a Special
Use Permit to allow a,day care/kindergarten on an R-2 zone be approved
£or the following reasons:
1. It would a~low the property to remain in conformance with the low-
density designation on the Comprehensive Plan.
2. It would not create spot zoning as a commercial zone at this
location would.
3. The criteria used to evaluate a Special Use Permit support this
request.
With the £ollowing conditions:
~ ~
City Council Staff Report Page 11
Case No. WZ-93-5/FOrgo/FOSter
1. The Special Use Permit be granted to the Wheat Ridge Preschool and
Kindergarten under the ownership and operation o£ Nina Forgo.
2. The Special Use Permit be limited to a day care center £or up to
80 infants, toddlers, preschool children and kindergartners.
3. The use o£ the property shall be in accordance with Exhibits C and
D.
4. That curb, gutter and sidewalk shall be required to be constructed
along Jay Street with the change of use.
5. That a landscape buffer that does not violate sight distance
triangle standards yet provides a dense buffer, be placed between
the parking area and Jay Street. This could include trees,
shrubs and possible berming.
6. Exhib3t 'C' be amended to show an asphalt pull-ofP along the
north side of the structure (West 35th Place)-.
7. That visibility at the intersection of Jay Street and West 35th
Avenue be improved, as per Public Works Department request.
Pavina Variance
"I move that the request for a paving variance at 3516 Jay Street be
Denied for the £ollowing reasons:
1. Circumstances are not unique.,
2. Other similar Pacilities have had to pave their parking lots.
"I move that the request for a paving variance at 3516 Jay Street be
Approved for the following reasons:
1.
2.
3. ".
<pc>srwz935
,
~..~ -
~ ~ ~ ~
CASE N0. WZ-93-5
AGENCY REFERRALS SL3NIMARY
XX FiTe: .~j7haafi Ri~~) NO ~.+rr'blen?..
Schools:
XX Water: (Whaat Rir7aa~ Can RPYVO_
~ Sewer: ~*.~w~=+ Ai Anc\ ('~n c~rsvo
XX US West Communications: n,~ ,-o~~~n~A
XX Public Service Co: No response.
State Land Use Comm. (over 5 acres):
State Geologist:
State Highway:
Jef£erson County:(HEALTH, COMMISSIONEE2S, PLANNING)
Ad~acent City:
American Cablevison:
CITY DEPARTMENTS
PUb~.1.C Works: t~7rn~lA l~kc n~~rh rr~~+-+Ar ~,7~i ciraau~alY alnn~ inTaat 35th
Avenue and Jay Street. Wou1d like to improve sight distance at
west s5tn ana ~ay 5treet intersection.
Parks & Recreation:
Police: •
Building Inspection:
pc/Agencyrefsum
~ ~ASE N0.1NZ-93-5
EXHIBIT 'A'
S 26-13 _ WHEAT RIDGE CTTY CODE _ _ _ (
~
Sec. 26•14. Residential•'Itvo District (R•2).
(A) Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low-
to moderate-density residential neighborhoods, and to prohibit activities oF any nature which are incom-
patible with the residential character. ~
(B) Permitted Principal Uses: No buiiding or land shall be used and no building shaIl be hereafter
erected, converted or structurally altered unless othcrwise provided herein except for one (1) or more of
the following uses: /
(11 Same uses as permitted in R•1, R-lA, R-1R and R-1C districts. ~
Supp. No. 30 -- .- - -- 1712-
~.;
~ ~
ZONING AND DEVELOPMENT § 26-15
(2) 'i~vo-family dwellings.
(C) Pernxitted Accessory Uses and Accessory Buildings:
(1) Same uses as permitted in R-1, R-lA, R•1B and R•1C districts.
(D) Condition¢l Uses: The following uses shall be permitted only upon approval of the Wheat Ridge
PIanning Commission, folIowing procedures as set forth in section 26•6(A):
(1) Same uses as permitted in R-1, R•lA, R-1B and R-1C districts.
(E) Speci¢l Uses: The following uses shall be permitted only upon approval of the Wheat Ridge PIan-
ning Commission and city council, following procedures as set forth in section 26-6(B):
(1) Same uses as permitted in R-1, R-lA, R•1B and R-1C districts.
i i
§ 26-8 WFIEAT RIDGE CPPY CODE
Sec. 26•10. Residential•One District (R,•1).
(A) Intent and Purpose: This district is estab-
lished to provide high quality, safe, quiet and
stablelow•density xesidential neighborhoods,and
to prohibit activities of any nature which are in-
compatible with low-density residential character.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be here-
after erected, converted or structurally altered un•
less otherwise provided herein except for one (1)
or more of the following uses:
(1) One-family dwelling.
{2) Pazks, noncommercial playgrounds or other
public recreation use.
(4) Household pets, limited to no more than
three (3) dogs and/or four (47 ~afs, plus their
unweaned offspring.
(5) Private stables for the keeping of horses,
cows, llamas, sheep or goats and similar
animals; however, excluding the keeping of
swine, subject to the requirements set forth
in section 26-30(L).
(6) Private poultry houses and pigeon coops,
and private rabbit and chinchilla hutches,
subject to the requirements set forth in sec-
tion 26•30(L).
(7) Bee keeping, subject to the requirements
set forth in section 26-3Q(L).
(8) Rooming and/or boarding of not more than
two (2) persons on a contract basis for not
Iess than seven days.
(9) Ancillary uses operating within a church's
primary structure (e.g., day care centers,
scout meetings.)
(10) Class I Home occupations which meet the
definition and standards set forth in sec-
tion 26•30(Q)(1) and section 26-5, Defini-
tions.
(11) Electric transmission or other public utility
lines and polea, irrigation channels, storm
drainage facilities, and water supply facil-
ities, and other similar facilities.
(3) Residential group homes For eight (8) or ~12~
fewer developmentally disabled persons,
mentally ill peraons or for elderly persons.
(See section 26-30(P) and section 26-5 Defi-
nitions.)
(4) Other similar uses or structures as approved
by the zoning administrator or board of ad-
justment and when in conformance with
atandazds and requiremenfs set forth herein
for similar uses.
(C) Permitted Accessory Uses ¢nd Accessory
Buildings:
(1) Detached privafz garage or carport.
(2} Private storage sheds.
(3) Private swimmingpools, tennis courts. (See
aection 26•30(n for related requirements.)
Public and private communication towers,
television or radio antennas, or any other
similar communications receiving or
sending devive which does not exceed thirty-
five (35) feet in height, whether ground-
mounted or mounted upon a bui2ding or
other structure. For satellite earth receiving
stations, see section 26-30(.n.
(13) Water towers or aboveground reservairs noE
in excess of thirty-five (35) feeC.
(14) Other similar uses or structures as approved
by the zoning administrator or board of ad-
justment and when in conformance with
standards and requirements set forth for
similar uses.
(D) Conditional Uses: The following uses ahall
be permitted only upon approval of the Wheat
~
~
C
l
~
Supp. No. 7 1708
i i
ZONING AND DEVELOPMENT
Ridge Planning Commission, following pmcedures
as set forth in section 26-6(A).
(1) Public, private and parochial educational
institutions which provide instruction for
~ Z~.~o
Supp. No. 7 17O$.1 - -
~
~
ZONING AND DEVELOPMENT § 26-10
grades kindergazten through 12, and public, quirements and standards set forth in sec-
private or parochial colleges and universi- tion 23-30(m) and section 26-5, Definitions.
ties.
(2) Public or private golf courses or private
country club or private club operated for
benefit of inembess onlg and not for ~in
(but not including a private club,whicli pro-
vides a service customariTg carried on as a
business.
(2) Large day care home (see section 26-5, Def-
initions).
(3)• Governmental buildings, fire stations and
public uCil4ty Buildings where outside
storage or repair faciTities are glanned.
(3) G'overnment or quasi-governmental build-
ings xnd offices, fire stations or public
utility buildings wlYere outsid'e storage o=
repair facilities are not planned.
(4) Electric transmission substations.
(5) Wind-powered electric generators not in ex-
cess of thirty-five (35) feet.
(6} Church, parish house.
(E) Speciai Uses: The following uses shall be
permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following
procedures as set forth in section 26•6(B).
(1) Bed•N-break£ast rooms accessory to a one-
family dwelling primary use, subject to re-
(4) Restaurants, lounges and bars accessory to
a public or private golf course.
(5) Residential group homes for nine (9) or more
developmentally disabled persons or eld-
erly persons (see section 26-30(P) and sec-
tion 26-5, Definitions).
(6) Residential group home for children (see sec-
tion 26-30(P) and section 26-5, Definitions).
(7) Class II Home occupations which meet the
definition and standards set forth in sec-
tion 26•30(Q)(2) and section 26-5,
D~nitions.
~ ~ GASE NQ. WZ-93-5
EXHIBIT TB'
Sec. 26-19. Reserved.
Sec. 26•20. Restricted Commercial•One Dis•
trict (RC•1).
(A) Intent ¢nd Purpose: This district is estab-
lished to provide for a reasonably compatible tran-
sition between residential and more intenaive com-
mercial land uses. It provides for residential scale,
neighborhood-oriented professional oftices and ser-
vices which, hy their nature and through design
limitation, will promote neighborhood stability
and protect neighborhood values and character.
The district also provides limited neighborhood-
oriented retail uses by special use approval.
(B) Permitted Princip¢l Uses: No building or
land shall be used and no building shall be here-
after erected, converted or structurally altered un-
less otherwise provided herein except for one (1)
or more of the following uses:
(1) Art galleries or studios.
(2) Banks, loan and finance o~ces.
(3) Clinics and oftices for psychological, social,
marital, developmental or similar coun-
seling and treatment, including counseIing
and treatment for substance abuse and al-
coholism; however, not including residen-
tial facilities or residential treatment.
S~pp. No. 5
1719
~
§ 26-20
i
WF~AT RIDGE CITY GODE
(4) Community huildings, Y.M.C.A's, Y.-
W.C.A's, churches, libraries, parks, mu•
seums, aquariums and art galleries.
(5? Golf courses (but not including miniature
golf or putting ranges, driving ranges, pri-
vate clubs or restaurants) and those uses
commonly accepted as accessory thereto
when lacated on the same premises.
(6) Govemment or quasi-governmental build-
ings and off'ices or public utility building
where outside storage, operations or repair
facilities are not planned.
(7) Homes for the aged, nursing homes and con-
gregate care homes.
(8) Medical and dental offices, clinics or labo-
ratories.
(9) Offices, general administrative, business
and professional.
(10) Parking of automobiles of clients, patients,
patrona or customers of the occupants of
adjacent commercial districts.
(14) Any similar use which, in the opinion af
the zoning administrator or, upon appeal of
his decision, of the boazd of adjustment,
would be compatible in character and im-
pact with other uaes in the district, would
be consistent with the intent of this dis-
trict, and which wouid not be objectionable
to nearby properLy by reason of odor, dust,
fumes, gas, noise, radiation, heat, glare, vi-
bration, tr~c generation, pazking needs,
outdoor storage or use, or is not hazardous
to the health and safety of surrounding
azeas through danger of fire or explosion.
(C) Permitted Accessory Uses ¢nd Accessory
Buildings:
(1) Food services primarily far the accupants
of a building containing a permitted use,
when located within the same building.
(2) Electric transmission or other puhlic utility
lines and poles, irrigation channels, storm
drainage facilities, and water supply facil-
ities, and other similar facilities.
(11) Schools; public, pazochial and private (in- (3) Besidential uses in commercial zones shall
cluding private, vocational trade or profes- be allowed under the following conditions:
sional schools), colleges, universities, pre-
(a)
Residential use shall be located only
schools and day nurseries (including those on a floor other than the ground floor
uses commonly accepted as necessary
thereto when located on the same premises). ,
or if located on the ground floor, re-
stricted to the rear half of the building.
{12) Service establishments as listed below: (b) Residential dweIling density shall not
nail and cosmetic services.
(a) Hair exceed one (1) dwelling unit for each
,
(b) Interior decorating shop where goods, five thousand (5,000) square feet of Iot
eaccept samples, are not stored upon the
(c) ~e8'
Residential dwelling units shall be no
Pr~e3
(c) Pickup stations for laundry and dry less than fiveliundred (500) square feet
cleaning.
(d) Shoe repair.
(d) each.
Parking shall be supplied at the rate of
(e) Studioforpmfessionalworkorteaching one (1) space per three hundred (300)
of fine arta, photography, music, drsma $Quare feet of floor area.
or dance. (e) Where it is intended ta convert an eg-
(fl Tailoring, dressmaking or clothing al- isting residential structure, either par
teration shop. tially or wholly, to a commercial use,
(g) Watch and jewelry repair. then commercial development stan-
dards shall be applied for parldng, land-
(13) Residential group homes for eight (8) or scaping and residential buffering. Any
fewer developmentally disabled persons, changes to building floor area shall
mentally ill persona or for elderly persons. fully comply with all commercial de-
(See section 26-30(P) and section 26-5.) velopment standards. •
Supp. No. b
1720
~ ' ~
ZONING AND DEVELOPMENT
(fl No new residences as a primary or prin-
cipal use shall be allowed.
(4) Pharmacies and optical stores incidental to
a medical or dental of'~ice within the same
building.
(5) Other similar uses or structures as approved
by the zoning administrator or hoard of ad-
justment and when in conformance with
standazds and requirements set forth for
similar uses.
~ zs-zo
from adjacent properties by a view-
obscuring fence six (6) feet in height. Bulk
storage or piles of such materials shall not
be permitted within a front yard setback
and shall be no closer than twenty-five (25)
feet to a side or rear lot line which abuts
residentially zaned property, or where zoned
Agricultural and there is a residential struo-
ture within fifteen (15) feet of the common
property line.
(6) Laundry and dry cleaning shops.
(D) Conditional uses: The following uses shall ~q) Locksmith shops.
be permitted only upon approval of the Wheat
Ridge Planning Commission and city council, fol- (g) Mortuaries and crematoriums.
lowing procedures as set forth in section 26-6(A):
~9) Rooming and boardinghouses.
(1) EIectric transmission substations.
QO) Small ~+++TM+~l veterinary hospitals or clinics
(E) Special Uses: The following uses shall be ~vhere there are no outside pens or runs.
permitted only upon approval of the Wheat Ridge
Planning Com..,icc{un and city council, foIIowing t1i~ 5tores for retail trade, limited to two thou-
procedures as set forth in section 26-6(B): sand (2,000) square feet or less, for the
(1) Blueprinting
photastatic copying, and other ~ount of building space devoted to any
,
similar reproduction servicea; however, not one (1) or comhinations of the following re-
including large printing, publishing and/or ~ ~e'
book binding establishments. Such uses (a) Antique stores.
ahall be limited to no more than two thou- (61 Apparel and accessory stores.
sand (2,000) aquare feet of building space (c) Bakeries, retail.
devoted to any one (Il or a combination of (d) Bicycle stores.
these uses. (e) Book stores, newsstands, stationary
(2) Clinics for residential couaseling and treat-
~fl and card stores.
Business machine or computer stores.
ment oF psychological, social, marital and ~g~ Camera and photographic service and
developmental problems, and For substance supply.
abuse and aicoholism. (h) Candy, nut and confectionery stores.
(3) Golf courses, including private clubs, res- (i) Dairy products stores.
taurants and lounges, and those uses com- (j) Delicatessens.
monly accepted as accessory thereto when (k) Floral stores.
located on the same premises. (1) Gazden supplies stores.
(4) Governmental buildings
fire stations ~m) Gift, novelty or souvenir stores.
,
,
sewer treatment plants and public utility (n) Eiobby and craft stores.
huildings where outside storage, operations ~o)
(p) Jewelry stores.
Music storea.
or repair facilities are planned. (q) Notions stores.
(5) Greenhouses and landscape nurseries, in- (r) Office supply stores.
cluding bath wholesale and retail salea af (s) Optical stores.
related producta; provided however, that (t) Paint and wallpaper stores.
bulk storage or piles of materiaLs, such as {u) Pet stores.
manure, peat, top soiI, rock, sand, firewaod (v) Picture framing [shops].
or similar material, are screened from view (w) 5porting goads stores.
Supp. No. 5
1721
~
§ 26-20
WIiEAT RIDGE C~TY CODE
(x) Shoe stores.
(y) Stationery storea.
(z) Television, radio, small appliance re-
pair and service [shops].
(aa) Tobacco stores.
(bb) Toy stores.
(cc) Video rental stores.
(12) Retail neighborhood grocery/convenience
store, limited to five thousand (5,000) square
feet or less for the amount of building space
devoted to retail use.
(13) Residential group homes for nine (9) or more
developmentally disabled persons or eld-
erly persons. (See aection 26-30(P) and sec-
tion 26.5.)
(14) Residential group home for children. (See
section 26-30(P) and section 26.5.)
(15) Any other use not specifically listed in this
district may be permitted as a special use
where the planning commission and city
council find, in addition to the standard re-
view criteria for all special uses as set forth
in section 26-6(B), that a specific site is
uniquely appropriate for the use proposed.
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MULTI-LEVEL
FRAME AND BRICK RES.
1 T
~ CASE NO. WZ-93-5
EXHIBIT 'D'
3516 JAY
125.67'
FRAME
GARAGE
i 140.00' ~~
3516-8 JAYS. r , • ~, ~ ~
~~~ ~ .~A . fil,t~s" ~11~~~~ //
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~jj 0.4883 ACRES OR
. 20,400 SQ.FT. M~L
- ~ ~~y ~
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,~ ~` Fx Cor.
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1 vu ~5T" ,qv~
N
- CASE NO. WZ-93-5
~ ~ ~ ~ EXHISIT 'E'
CITY OF WHEA7' R(D~,E
D -c~~2
0~` T 13 ]993 ~
October 12, 1993 ~~E l~r~~ " ~~
,~{'LANNING & DEVELOPMENP
TO: Wheat Ridge Planning Commission
RE: Case #?WZ-935, 3536 & 3516 Jay St.
We are the owners and residents of 6147 S4. 35th Ave. Gde are
located 2 lots East of a portion of the prope'rty in
question,
We have several concerns about the zoning change from R-2 to
commercial. Commercial zoning in a residential neighbornood
is incompatible foz whatever reason. In the longterm, we
believe our right to enjoy the peace and tranquility of our
home may be jeopardized if commerciel zoning of any kind is
tolerated,
Until now, we have been content to live with the excessive
playground noise. As we understand it R-2 businesses should
be invisible to their neighbors. At the present time the
day care center is in fact not compatible with a residential
neighborhood because of the noise and visual impact. We am
opposed to any expansion of the day care center that would
require a zoning change, Eurther deteriorating the quality
of this neighborhood,
We would ask the Planniny Commission to rule in this matcer
consistent witn its longterm goals. That is, a
resid-entially zoned neighborhood should not have islands of
commercial property. Therefore, the day care center should
come into compliance with current R-2 zoning or move. Uo
commercial zoning of any kind should be allowed.
Sincerely,
~~~~~~ ~~~ ~
Kenneth R. Lamkin
~'~5~~~~ ~ ~~~
Susan C. Seeds
~~
~~
PLANNING DIVISION -
City of Wheat Ridge
Wheat Ridge, Co. 80033 Oct. 20, 1993
We, John and Geraldine Faes, are filing a"legal protest"
against the applicatinn case.#WZ-93-5, rezoning from R2- to RC-1
with restricted uses. Our property is an adjacent property to
3516 and 3536 Jag 5£. We are located art, 6205 W. 35th Ave.
Enclosed is a copy o_f our deed and our notorized signatures.
Thank you.
,,-~--~
/ /
`', ~~~~~ ` ~~{~- ~lJf~ ~t'3
~~~'~~Jdhn P. Faes
~/~2~~~ ` T ~~ /D~~~9.3 _
Geraldine T. Faes
~e o F C''D-"
~u~~ ~ ~~~~
~,~ ~ ; 5 :~~.-~e ~~- ~- 93
"~lT`( o~~C111 ~~GE
'j~ a 19g3 ~
U ~G~ 2
' ~~~ ELOPML1dT
~~ti,~1iNG & DEV
~b ~ry 1~uh/,~c ~~
,~~'e ~+~%H~ Q f 3g ~ s `~ ~~:
/~f y~or~r,~ i s s, a yi e.rp ; ~P s
`.~~i~ C~??~if=lSS:2~~ ~X~IIBS 1~Tf1~'~`a ~.
~.; :._
?; :~:.-.
i
68 Chap. 4/ Traffic-Stream Characieristics
percentage of vehicles travel. It is defined
by a 10-mph increment that intercepts the
peak of the frequency-distribution curve.
For the distribution of Figure 4-15, the
pace is between 36.5 and 46.5 mph.
The cumulative frequency-distribution curve is
also useful in defining descriptive pazameters con-
cerning the speed distribution. It can be used to
define measures indicative of the central region of the
curve, as well as measures quantifying the dispersion
of speeds around the center.
1. The median speed equally divides the dis-
tribution. That is, half of all vehicles travel
faster than this speed and half travel slower.
It is found by entering the cumulative
frequency-distribution curve at 50% and is
also referred to as the SOth percentile
speed, Pso. It is a measure of the center of
the distribution.
2. The 85th-percentile speed is often used as a
measure of the upper limit of "reasonable"
speeds for the prevailing conditions, and
the ISth-percentile speed is often used as a
~
measure of the lower limit. The difference
between these two reflects the degree of
spread or dispersion in the distribution.
3. The percent of vehicles in the pace is also
found as shown on Figure 4-I5. This value
measures the extent of central tendency in
the distribution. A high value indicates low
dispersion of speeds, while a low value sug-
gests sig~ificant dispersion of values outside
the central range.
r' T'hese typical statistics aze often used to de-
scribe speed distributions. While the average travel
speed can be and is used to describe the traffic stream
as a whole, the distribution of speeds may have a
significant impact on operations. It is easier to control
a more uniform traffic stream than one with
significant spread in individual vehicle behavior. Fa-
cilities and controls are often designed for 85th-
percentile chazacteristics-that is, for speeds, reac-
tion times, visibility, and other characteristics within
which 85% of the driver population exists. The num-
ber of drivers falling outside these ranges, and the ex-
tent to which they are outside it, aze important safety
and opentional considentions.
SUMMARY
Tlris chapter has presented some basic parameters
that are used to describe traffic streams, as well as
typical values of these parameters and relationships
among them.
Although the values and relationships presented
aze indeed "typical," driver behavior varies by region
of the country, by time of day and day of week, and
by specific location. Thus, for many traffic engineer-
ing purposes, it will be necessary to measure and an-
alyze characteristics of the specific locazion under
study. Succeeding chapters of this text describe data
collection and analysis techniques, as well as the use
of such data for design and operations purposes.
PROBLEMS
Problem 4-1
The following counts were observed on a freeway. Com-
pu[e (a) the hourly volume, (b) the peak rate of flow for a
&ve-minute period, (c) the peak rate of flow for a 15-
minute period, and (d) [he peak-hour fictor based upon 15-
minute periods.
Time Count
S:Oo-5:05 e.M. 201
5:05-5:10 208
5:16-5:15 217
5:15-5:20 232
52o-5:25 219
5:25-5:30 220
5:30.5:35 205
5:3rr5:40 201
5:4a5:45 795
5:45-5:50 210
5:5a5:55 190
5:55-6:00 195
Problem 4-2
A volume of 900 vph is obse~ved at an intersection ap-
proach. Plot the peak rate of fiow within the hour as PHF
vazies from 1.00 to 0.70.
Problem 4-3
The following havel times were measured for vehicles as
they trsversed a 2.0-mile segment of hip~way. Compute
the time mean speed and the space mean speed. Why is
space mean speed always lower than time mean speed?
Vehicle Travel Time fminJ
2.6
2.4
2.4
2.8
2.2
2.1
Express TMS and SMS in mph.
:
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iJ: ti~L) J 3 ~i
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1 b : ~] C; _ ~} 7
___=_~__=-=----- _~~-- =- ___---
Heur Tcatals 18 18 .'~u
10:15 A _ 7 '
i6: ~,~; - E - !' -i: . _
7.6: 45 9 8 i 7
7.7: Gt.~ - 4 ? 11
Ho~u^ Tr~ta7.s ' T z~ 24 4~
1/:IJ ., 3 1S
17~ 3~~ -- iU 7 17
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tic+ur i"otals
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51
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Hot.u~ To•tal ~ 19 18 'a7
x9:15 6 ~ 9
19 : '; ~ ; ~F c~ IF
19: 45 5 .^_ 7
:~C,: Ca0 .. ~'E 7 _
Hnur ToL•a1s ~^ ~18 'Y9 27
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21 : U tl :? b 8
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Volume oy L<:nE:~ Re~port. F'~9e ~
;F~#~##~k#iE~1F#35~~ ~####~~k~iEiFiE'eiFiE##3F####ji~##aE~Yc#iE#~i'r#iFaFiE+FieiF3e###~dE#'fr###•}F•A~~i'r~k###~k###~k#iP#####'k####r
Data File : DC~^iSi_ir,-y2.PfiN
Statian , _h74~?62C7~~
Id~nti7icai.ian ; ~~10~ ~
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L..~ne~ 1-~ are 5c~u•t.Yi/Narth Cnm~ir~GCi
Yue - FeL-r 75, 9r
Lnne 1
- .^• 1'crtal
2.'~.: CZp----.'.a~ _ -~ (> 1
-------
Houi~ Totals ~'- ^-°-.. ~ --•--'~ ~
L.~.'_: S. J _ _ _. _.~t. _ '-v -`S
,^_ i : 30
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~
^
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~-,
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- '~
(
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Hour Totals ....r ._ .
_ " -_
~ 9
23: 15 ~.3 1 i
._~ ~ 3C~ 1 iJ f
~v:~~ t) f i
i4 e t~G t.7 1 7.
__--___ ------- - -__= -- _ _~_~~_ __----
iiour Totals 1 -. A'
D~i1v~Tatais__~ -- - ~^l.? ^~in _.---q-J _ _.
Percet~ta4~s `~<~, ~ ~9. ~
;~~~~~~~~~~~~~~ s #~~~~**#~;~~a~~##~~~- #*-~~#~*~€a: ~~*~~e#~x-~#~r*~~#~~-ac~~;~~z~#~~: ##~;~~~#;~#~~#
(~M P~~k: I-~aur 12a i7~; 11: Cy0
F'k FIi~. Count ib 18
~hf F•ea}:: i7uur- 18: C~G 1E3: ~~C~
F'k i-Ir. Couni~ 2~ ~7
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4'clume by Lanc fierport P~ge A
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D~ta File : Dn; 1cC;C~1.Pf-tPl
~ta'l- i nn . i67C,C~62t10
IdEniificatinn : ~'1~7:' Int.Er'YCIl : LJ minut~,
5ca~~t d•at•E~ : F~~ 15, 9~ Bt.~.ar-i. ti.mc : UR:CrO - - I
Stop dat~ : F~b Sc, 44 StoG ti.me : Cr9:UC~
Ci t~>E/Town : l~i~{EAT ~ISJ~F CounL-v : SEFFEFt50N I
Location : L?I1i JAY ST SCIUTH ar .:8TH AL'~ {'aT 3~7C~
~;~~~~~~~-#~~~~xt~•t~~#~a~•x~~~;~k~~~x~~x~~~~t##s~*~~~~~xt~~;~•*•x•~~~~##~~*~~~~~~~~~~v~~~~w~~*~~~~~~#~~ I
Lanes 1-i are Southili~lui^th Cr~mtainecJ
W~t3 - Fck~ io. 9~s
Lar~e 1 :? Total
GO: ~ J____ - _ ~ {~ c:i
C~Cr: ~yCr t] t~ c,
t:~0; 4~ U cl U
O1 : t1~~ C~ c>
- tt
-----------------
Hoixr To'tals ---^- -
C~ -
--
~
~
(~ j, : j, j i;1 L'~ L~
Cl 1 ~ 31 i C7 {l C)
o i: 45 r~ r7 p
C~~: ~~] t7 Lr is
-____°=_____-~ -- _-___ _---- 3===='
Hour Toi~t3.s 0 t~ i~
t~~. ~.J (] {7 C.5 _
(>2a:,0 V _ ___ f] 0
C!~: 4J U J i
~j;;~ np c; 0 ~J
----
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A~=~_~ ~_;_-----
i-Iaur Tokals --Y~
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S ~
1
! 7 u: 1 J C5 t'] (,1
CZ' 9 'Q Ll (~ t~
ii._LaQJ -- C3 - Ci [Y
04: O C; Q Ci C~
Hc~ur ^T~tal s __._-C~ t3 i~
C~A ; 15 C7 7. 1
~ )4; :'c~ 0 1 7.
G4 : 4.°i t ; [~ Li
~~5e~r0 ~:s i~ t~
--
Hour Totals= -- ----C~ ---~ ~
txJ: I J 1 ._~ 4
c]~: uC~ c~ t~ fii
use ~5 0 .. _,
06: C~G ~ - ~
~
Houi~ Tr~t~ls 4. ~^ ,. __ 9 1~
:~~x x ~~# x~#*~~~~~~~~•~i~~-~~#~t~:~~xx~ ~#ac~#~ s-~#~#~*~t-x~~t•r: ~~ rt~##~~~~*~t~?~~*~~-~x~;~~#*#~~~~#~: ~~#
~ ~
Vulume lay Larie fteFaort F'~a9~ 5
~~~~a~~~*~€*~~~• x~~x-~x-x-~~~~aF~•~#~-~;~~*~~~#;~#~~~~~##aF;r-#~•*at~~x ~~~ :~~~~~~~~~~~~#p -x;~a~~~~~~~~~~
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St~~t.ic~rr . T670Clbwl~t7 -
Icf~nEif:icaticin : 2."~1t?~
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E_anes 1•-s ~r~ Snu'th/Nurtii Camhzned
Weti - I=e(~ ic~ 4~4
LanE 1 i Total
t7E.: ~J - _ - -_X _ i ..
Uv: .-'_~',i} _ _ i ) _ ~u- G~5
C3b: 45 ~ 4 h
(?7:t7~5 E+ . g
Ho~u^ Totals M---9 ----1° `- -' --'-'~
C+7: 15 ^ 4 b
C~7 ::1t} 3 7 l t~
G7 e 4.,~,~ 2 0 8
I]8: C1C) _, _-___ ..°.~ ~S
H~~er To~tals _ __~~ -__,~^ `4
:78~15 _ 8 i1
t~8. ~ C.~ S 8
i~8 ; 4:, 1 9 7• t?
C)`~ r UU - ~ ~
~-'FqL.IY' '~O'tdi5 ~ ...=1c __=_~ _~'___~ ~.
Gr,~nd Tntals ~ ^47 2$"T ~ =`~~cvC ~ ~
~~~
F'~~~cenfaqes Ao.6 5'~.4
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Volume bY i-ane ~epur-L- Page b
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5tatic3n . ~Sa''7i~E~2t'~0
IdF_ntiricatinn . v`~:it>~ Tni~rval . i5 mi.nut~as
S•tart date : ~~~r~ 2~. 94 Si<art l_im~ : li:t~rJ ,4M
Sl'ap datE .~<~n "<?b, 9A Stcap ii.m~ : li:[~: ~SF~
Ci ty; Tawn : Wi-{CGT I'~ID~E Cotsnty : JEFf~E~iSQIV I
Locati on ° OtJ J~1Y S'I" N~F .":STFI ~1VL-: AT ~;527 !i
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11: 1J :? U ~
S S::31~ J ES j i
i l C $~J ~ J ~'~ -
i.^~epCi ti ]. 1
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1~:SJ 7 J S~
12: .~ t t 1 :: ~r
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3:.i5
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tiot~~- Total ~,
1~: 15
14 : uti
14c45
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Nour Tatals
IJ:SJ_
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~~ ~J:AJ
Lu~7a~.3TJ
f-faur Totals^^T
,~(~ 1 b : 3. 5
~~ 1F..; 3t~
1 b: a'J
t : : c=c~
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Identificaf:ion ; ~..•1+75
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Lanes i-^ ar-e SauiPiflVr~rih Cczmbineci
Tue - Jan 25, 94
Lane 1 2 Tc~t~~l
i7:1~ 10 U 1i:~
1'7 : : ~~ `~ 7 1 b
r~17:45 1~ ;~ i.~
"J i E3 : U c~ ~ _ S ~.:
I~iOUY' TO'L'v1~.5.i T'8 T ~.~J J.~".~
1 S : ~. ~.~! ~f ,~i. ~. X
18:vti -- g j ~
18: ~45 ~k C~ 4
19: C~~~7 ~ ~4 7
__ ___________.~ ~~__ ~-__ _ ~~~-- -
Hour 7c5tal s l7 7 ~4
19ci5 b T 9
19:3U ~ 2 S
i9:~5 ^ _ 5
2C) : OCi 4~ ~. T
--------------- -_-•^_ _- -
Hour Toials 25 11 2n
r~C~.'r ~ J A A •~1
G~)i.T_'l! ~ ~ .~
<~):q~~ ~.% .... ~.~
~IstytJ ~ ~ 8
Hour Tatals ~J_ ~- 14 -_ 9 y_^--~8
i1:1~ .. 1 ~~
~f:.=~t~ _ ii ~ ~ ---
~ 1 ~ fF5 ^a' C_y .^_
v^: ~,t] _, 1 1
I~o~~r T~t~;ls---_ ___~J _.___~ 1~
~.^ : '15 - t~ _ i r _ _ _ Ci - - -
2~: ._,~~ 0 1 1
22: ~~ C~ 1 1
t' 9 V C) U Q C_'~
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I-1o~t~ Tot~~ls CJ ~ 2
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s`~..' : ._ C1 ~F ~1 _ ~)
2~~ : 4 5 C_} (7 0
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Val!ime hv Lane Re~~r-t F«qe 8
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Sta'tioi°i . ~Sw7CJ6^U~:, --
Idenci-Fic~tion : ^cv1n~
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Lanes 1-w ar~ Snui:h!(Vorth Gonrbiri~d
Tue - Jat~ 250 9L}
Lane 7. A 7ota1
24: U~7 C'• 0 ~7
Hour To+_alv, ~~..~ _===y =_~~ ~~_-..~` . _.,, \ 1/ t f
----,~ ~.-_= =_=
Dailv 7ol•als _= =_
~4v _.~-. __°==
139
382 ~
Fercer~ia~~c~s bi. b 36« 4
~~~~a€~•~~~~•~x~*~x~-~*~:~*~~t•~~~#~~~#u~~~~~*~:a~~x•a~#a~~#•~~~a~#~#~#~~•~~~•~# ~~•~•*~#~~~*~~~#~~#~:~~~~
f~M F`ea1:: ho~{r- ii;G=~ 1'~nUO
P1: I-ir. Count ib 12
PM F'ea~:: hour 17:t~~] S:co~w~ 17:C~C~
F4: I-Ir-. Count ~C~ 2~
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- , ~ , ~ ~ ~
Volume hv Leine ~e~~r•t F~tqc~ 9
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n~,ta F~z~ : a;~iY~~~r,~.r-~rni
S L.-1't 1 L71'7 . ^:.r'J~71]/J~~~
1~~(lCl'i'a~c~1'~1CS{l ~ .i'.~r~.C7J ~~Yt.C4'Vc"21 . ~.J minutes
SL-ar-t date : 3~~n 25, 9~ St~rt tim~ . l1eDC~
SLcp daie : Jan 2n, ~,~L Stop ti.m~ : 19.:02
CitylTown ~ WHEAT F~IAC,E Co~<<'i'L•y w JEFFER~Rt~i
Location : qY+l JAY 5T Pd dF 'STI-I aVE flT :i527
~~~~###~~~~~~~~x~~~-~;~~*x•K*~#~~##~~#a~# ~#~*~w~ ~~~~c~~~a~a~~~~#~r#~~#~~##~*~~~*~~*#~#~~
~anes 1-^ aite ~outh;l~lorth Comt~ined
6Jed - 3ari 2~, 94
~anE 1 ~ Totai
~sCI a 1 J c_) Cs ~
L7t~ ~';n G t~ t~
UC~ D 45 ~? { } ~'
O 1: t_~ Cr (.5 _ t~ t~s
t-lour- To•kals - ._ ___-ry -- - ---~ - ~ -- -
~~z:1s ~, 1 i
~~ 1 : ~ ~.r _ ~ ~7 0
O S: 45 r, Zs Cr
C7~: C~( ) C.1 L7 ~y
v=~~==_.__~____ ._ =o===. ' = ===s °~=?o- _
Hour- Ttrt<als 0 1 1
il2 : J. S _ _ Q (7 U
U2: vti - C7 ~
Q2:145 U _. i7 C.7
4-~ti,: ~}~j ~5 t7 cJ
1'{OUY' T('J'tc7.~5 ~~. ~ ...___3 . ^ C~ ,7
{~~: ~~; C1 Ct C1
CY:;: ~C.7 - Cr tr ta _
03~ 45 r} Cr :~
«<~; ~~t; U 0 0
Haur Total ~. .' _~. 0 ^ C1 C3
44 ~ i. ~ i.~ t~ C,
f7~: ~(.7 ~1 4k C7
fi1A: ~J L t.7 1
C)J ~ IJ( Y C7 i] U
-___~.-..~.._....
Nour Tutals
_
-- -`--- -
- ~ -- -"'--
t'
_
- --- ~ .
~ -
os: zs ct t> c~
~~J: JC~1 _~ I.S ~ _ _ _
17J: ~~J _ . 1 ~ - ~ __
L~Ei: L.IQ ~I' 0 ~I'
-
$'~~Ur ToL-a15 -- _ ^'--._7 .__.W" t -'-.
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~ ~
Vnlume I~y Lane Re~nr-t ~'a_R~ iCr
¢~~*#**~~aE~~a~~ x *~e~~r~~x~~x•~##~x•af~*~-~a~#~~~#ae~x-~##~#aE* *•~~ x ~ x #~~3#* r•~~r -~~ ~~w~,e*et~ieat~*#~~ae:~-~#a~;t-~~x-
Da~ta Fi7.~ : DC>i^:~rc70::.1='FtIV
St~xtion . ~+527C~b~OC~
IdEnL-zfir_~ai:ion : 2."IU5
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Lanes i-~ are Sauth/NUrL-h Com~inc~d
Wed - Jan ?b, 9h
Lane 3 ^ Tot.a1
~lb: i5 = ~ Cr .:;
Ub: ?f_'~ ~ 1 _ ',
OS: 4J .~7 CI J
C,7: c7t~ 7
~ C7 7 --
I-IaLtY' T47'tc't15•,- ..•,. .~7
^ ~ 1 ~y 1~
~7: i5 1 Ct j.
Ca7: '1~ y 73 t~ b
07: ~d5 •4 L'~ ~
t.ta: tK7 1 f3 i
Hour~To~tal~~ '~ ~ 1y C~ ~1~
t)g: ~, J {`7 - ~Y t_i
{ia&'C.i 2 ~S .^~.
L~F3: 4 J (7 Ct c~
~>~~ c~o ~ ~ a
Hour 1'oial ~~__.~ . ____` ____U _____{
~+g; s~ } tr 3.
Ci9: 'aC~ c~ C~ 0
~~9: 4~ 0 Ly C~
1C~:C~(:~ U ~+ f,
t-fc~~ir 'Eutals~_..,_ ___ ~ t7 i
ine is c:~ t~ ~
~.c:~: ~o - o ~ r1
1 Cl : 4~ J I] CJ C_)
:~ i. : pCJ ~ C~ ~
Nr~ur- Totals ~~ ~
Uranci Tot«ls~^ ~289 --~-
Fercent~~qas 67.s
~~~~#~t~~ ~~~#~~~x ~~~##~•~~~~~ x~#~ ~##~~
~ ~„`{-v'~
~~
~=141 =`-~;~y ~ri-Y1i'~ ~f
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M E M O R A N D U M
TO: City Council
FROM: ~~eredith Reckert, Planner
RE: Case No. WZ-93-5
DATE: January 4, 1994
Please be advised that the public hearing for Case-No. WZ-93-5
will not be held on January 10, 1994 due to the fact the posting
period has not been sufficient.
MR:Slw
~ ~
M E M O R A N D U M
TO: Bob Middaugh, City Administrator
FROM: Glen Gidley, Director of Planning & Development
RE: Forgo Rezoning Case
DATE: January 5, 1994
The applicant in Case No. WZ-93-5, Nina Forgo, has requested that
her rezoning application be withdrawn, and instead convert the
application to a Special Use Permit. This w311 require a new
public hearing at Planning Commission before City Council action.
GEG:slw
~ITY COUNCIL MItdUTES: ,ianuary 1o, 199~ Page -3-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 5. Citiz=n Input on 199~ Budget.
John Powers, 2615 Upham Street, was sworn in by the hlayor. He read a
letter from Wheat Ridge United Neighborhoods, expressing concern that
the budget is not balanc=d; pay increases should only be guaranteed if .
city ravenues havP increased by the same peresntage; replace Animal Park
Enforcement with mounted ranger patrol; maintain ~xisting streets and
roa3ways rather than reconstruct and widen; be frugal and make ends
meet.
Ro^ Selstad, 2890 Lamar Street, was sworn in by the h,ayor; asked that
the Park Ranger Program b? r~instate•~; we need continual presence in
the Greenbelt.
Louise Turner, 11256 4i. 38th Avenue, was sworn in by the Mayor; stated
that the City needs to sp=nd some money on Lena Gulch; schedule a time
that ev.eryone in this City can see the,presentation by Urban Drainage
regarding Lena Gulch; install warning system on Lena Gulch that can be
hear9 throughout the area that is in danger; asked that Ranger Program
be brought back; requested that $10,000 -$15,000 be ~ionated to the
Animal Shelter to cut back on euthanizing and use that money to reduce
adopting fees, spaying and neutering. Cut 10-40% off every Capital
Project; change Street Standards and save money; 3on't force things on
people that they don't want.
Karin Heine, 4600 Miller, was sworn in by the Mayor; asked that the
Ranger Program be reinstated.
Item 6. Council Bill 32 - An Ordinance providing for the approval of
rezoning from Residential-Two (R-2) to Planned Commercial
Development (PCD) and for approval of an Outline and Final
Development Plan on land located at 3516 and 3536 Jay Street,
~ City of Wheat Ridge, County of Jefferson, State of Colorado.
(Case No. WZ-93-5) (Nina Forgo and Rose Foster)
(PETITION WITHDRAWN)
Motion by Mr. Siler to accept the petition to withdraw this case;
seconded by Mr, Eafanti; carried 8-0.
Item 7. Council Bill 33 - An Ordinance providing for the rezoning from
Planned Commercial Development District to an amended Planned
Commercial Develdpment District and approval of a#combined
Outline and Final Development Plan on land located at 4120
YoungfieZd, City of Wheat Ridge, County of Jefferson, State of
Colorado. .
(Case No. WZ-93-8) (Stephen Casement for Tri-KB Investments).
Council Bill 33 was introduced on second reading; title read by the
Clerk; Ordinance No. 948 assigned.
- y a~~RTOGE
~~~~~ ~~ ~ TELEPHONE:307277•69aa The Cit~l
~ ~~~ 2 4~~q~WE TH AVFNI.' . WHEAT RIDGE. COLOPA00 8007J ~Jheat
• ; ~Ridge
U~
~ ~ pEVELOPMENZ POSTING CERTIFICATION
p~p{y~1lNG &
CASE N0. 5UP-94-1
PLANNING COMMISSION - CITY COUNCIL - SOARD OF ADJUSTMENT iCircle One)
HEARING DATE: Februarv 3, 1994
I, u;na Fnrao .
( n a m e )
residing at 3536.Jav Street Wheat Ridge ,
~ ( a d d r e s s)
as the applicant for Case No. SUP-94-1 , hereby certify
that I have posted the Notice of Public Hearing at
35th and Jay(triangle) and 3536/3516 near lot line on Jay '
( 1 o c a t i o n)
on this 18~h da,y of Januarv , 19$- 94, and do
hereby certify that said sign has been posted and remained in place for
fi~~ee:: Ci5i days p4^ior to and including the scheduled day of public
hearing of this case. The sign was posted in the position shown on the
map below.
Signature:
NOTE: This form must be submitted at the publie hearing on this case
and will be placed in the applicant's case file at the
Department of Community Development.
~ ~
P.O. BOX 638 TELEPHONE: 303/237-6944 - ThB Clty O{
7500 WEST 29TH AVENUE • WHEAT RIDGE. COLORADO 80034 c~heat
~ ~Ridge
January 19, 1994
This is to inform you that Case No. Gr,a-qa-i which is a
request for ~nn,-nval of a sDecial use Dermit to a11ow a day care/
k;..AArr7arton in an R-2 zone distriCt
for property located at ~Slti and 3536 Sav Street
will be heard by
the Wheat Ridga p~annina Commission in the Council Chambers
of the Municipal Complex, 7500 West 29th Avenue at ~.~n „ m~,
on ~or„-„a,-~T '~ . ~ 9aa . • -
Ali owners and/or their legal counsel o£ the parcel under
consideration must be present at this hearing before the
Planning Commission ,
As an area resident or in~erested party, you have the right to
attend this Public Hearing and/or submit written comments. It
shall be the applicant's responsibili~ty to notify any other
persons whose presence is desired at this meeting.
If you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
<pc>phnoticeform
`~The Carnation City"
~ ~
Dear Ad~acent Property Owner:
I£ you have received this notice, you reside or own property
adjacent to a property involved in a land use case being
processed by the City of Wheat Ridge.
Triis notice-is intended to inform you of'-the process involved in
land use development applications.
Prior to application £or rezoning or speoial use permit, the
developer is responsible for holding an in£ormal neighborhood
meeting. The purpose o£ the meeting is to provide the
opportunity for citizens to become aware o£ a proposed
development in their neighborhood and to allow the developer to
respond to citizen conCerns in the design of their project. All
residents within 600 feet are required to be noti£ied of the
meeting.
A staf£ planner will at~tend the meeting to discuss City policy
and regulations and the process involved, however, the planner
will remain impartial regarding viability o£ 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 hearings in front of Planning Commission and City Council
where decisions are rendered. I£ you want input in the decision-
making process, it is imperative that you attend the public
hearings.
The public hearings you will be attending are quasi-judicial in
nature. Please do not contact your Planning Commissioners or
Council people to discuss the merits of a case prior to the
public hearing. It could jeopardize your representatives'
ability to hear the case.
IP you are an ad~acent property, you may have the right to file a
"legal protest" against the application. The result of this
£iling is that it requires a 3/4 majority of City Council to
approve a request.
If you have questions regarding any of the information given
above, do not hesitate to contact a planner at the City of£ices
by calling 235-2846. The Planning & Development Department is
open Monday through Friday 8:30 a.m. through 5:00 p.m.
<pc>adjpropowner
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CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
T0: Planning Commission Date Prepared: January 26, 1994
Date of Meeting: February 3, 1994 Case Manager:lMeredith Reckert
Case No. & Name: SUP-94-1/FOrgo and Foster
Action Requested: Special Use Permit to allow a day care/kindergarten
in a Residential-Two zone district
Location of.Request: 3516 & 3536 Jay Street
Name & Address of Applicant(s): Rose Foster
3441 Fenton St
Wheat Ridge
Name & Address of Owner(s): Same as above
----------------~----------------------------
Approximate area: 15,785 sq ft & 20,400 sq ft
Present Zoning: R-2
Present Land Use: pre-school & residence
Surrounding Zoning: All sides: R-2
Nina Forgo
890 S St. Paul St
Denver 80209
Surrounding Land Use: N~ S~. E~' Low densitg residential W: vacant
& low density
Comprehensive Plan for Area: Low density residential
-----------------------------------------------------------------
Date Published: January 18, 1994
Date to be Posted: January 20, 1994
Date Legal Notices Sent: January 19, 199~
Agency Cheok List
Related Correspondence
ENTER INTO RECORD:
(XX) Comprehensive Plan
(xx) Attached ( ) Not ltequired
(XX) Attached ( ) None
-------------------------------------
(XX) Case File & Packet Materials
(XX) Zoning Ordinance
( ) Slides
( ) Subdivision Regulations ( ) Exhibits
JTJRISDICTIOIV •
The property is within the City of Wheat Ridge, and all notification
and pos~ting requirements have been met, therefore there is
jurisdiction to hear this case.
~ ~
Planning Commission Sta££ Report Page 2
Case No. SUP-94-1/FOrgo
2. REOiJEST
The applicant requests approval of a Special Use Permit to allow a day
care/kindergarten in a Residential-Two zone district for properties
located at 3516 and 3536 Jay Street.
The purpose of the special use permit is for legalizing a
noncon£orming use at 3536 Jay Street and expansion of the existing
nursery to include 3516 Jay Street. Because there are two separate
properties and situations, the properties will be discussed
separately.
At the time of original application, day care centers were only
allowed in commercial zones, however, pursuarit to the passage o£
Ordinance #945, day care centers are now allowed as a special use in
all of the City's residential zones. The applicant has amended her
request for a rezoning to a Special Use Permit. Included under
Exhibit 'B' is the applicant's justification £or approval of the
Special Use Permit. Minutes from the October 21, 1993 Planning
Commission public hearing have been included under Exhibit 'C'.
22. PROPERTY CONFIGIJRATION - 3536 JAY STRF7F7T
The existing Wheat Ridge Preschool and Kindergarten has been located
on the northern property.(3536 Jay Street) since the late 1950s.
Enrollment at the school is approximately 40 children with £our to
five Pull-time teachers on Staff. It is a corner lot with frontage on
Jay Street and West 35th Place.
The property is currently nonconforming in regard to zoning (no
special use approval), parking access (open access) and the amount of
parking. Based on the City's current standards, 11 off-street parking
spaces are required where only seven spaces are provided on site at
this time. The owner is proposing no physical changes to the
property. See Exhibit 'D'.
III. CRITERIA - 3536 7av Street
Staf£ has the following comments regarding the criteria used to
evaluate a special use permit for property at 3536 Jay Street. -
1. Will meet a proven public need in that it will fill a void in
necessary services, products or facilities especially appropriate
at the location proposed, considering available alternatives.
The s.chool is fulfiliing a need within the community for
preschool/kindergarten service. This is a use which was existing
prior to incorporation. The school has been serving the needs of the
community £or almost 40 years.
2. Will not have a detrimental effect upon the general health,
welfare, safety and convenience of persons residing or working in
the neighborhood o£ the proposed use.
i ~
Planning Commission Staff Report Page 3
Case No. SUP-94-1/FOrgo
There should be minimal detrimental effects on the general health,
safety and welfare of persons in the area. However, parking is
inadequate for the current capacity of the school. Cars are being
parked along West 35th Place which is substandard in width. Staff
recommends additional asphalt be placed between the north side of the
house and the edge of asphalt on West 35th Place to provide more of a
parking pull-off.
3. Will not create or contribute to blight in the neighborhood by
virtue of physical or operational characteristics of the proposed
use.
The owner proposes no changes to the property. If the property is
maintained in its' current state, there should be no resulting blight.
4. Will not adverseiy affect the adequate light and air, nor cause
significant air, water or noise pollution.
There should be no further impact to the neighborhood in regard to
water, sir or noise pollution, since no changes are proposed.
5. Is consistent with the comprehensive plan.
Since the R-2 zoning will remain on the property, the low density
designation in the Comprehensive Plan will not be affected.
6. 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.
Since no changes are proposed, the traf£ic patterns will continue as
they have historically. A parking pull-off along West 35th Place will
help with traf£ic congestion. Traf£ic volume, however, will increase
on Jay Street i£ the facility to the south is approved.
7. Will be appropriately designed, including setbacks, heights,
parking, bulk, buffering, screening and landscaping, so"as to be
in harmony and compatible with character of the surrounding areas
and neighborhood, especially with adjacent properties.
The £acility is residential in appearanbe. No changes are proposed,
therefore, the facility will still be compatible with the
neighborhood.
8. Will not over burden the capacities of the existing streets,
utilities, parks, schools and other public facilities and
services.
There should be no negative af£ect on the capacities of the existing
streets, utilities, parks, schools and other public facilities and
services.
.
r ~
Planning Commission Staf£ Report Page 4
Case No. SUP-94-1/FOrgo
IV. PROPERTY CONFICURATION - 3516 Jav
The applicant has an option to purchase the duplex directly to the
south of the current school.
The property is a corner lot with frontages on Jay Street and West
35th Avenue. It encompasses 20,000 square £eet o£ land area and is
traversed by the Rocky Mountain Ditch.
Use of the new facility would be for the day care of newborns and
toddlers with ari expected capacity oE 30 children and £ive staff
members.
Based on these £igures, a total o£ nine parking spaces is required
which would inolude one space £or a center van. Exhibit 'E' shows the
proposed use of the property with all of the parking and a drop-off
area on Jay Street. C3rculation would be one way. Aside £rom the
parking, drop-off area and £encing, there should be no other changes
to the property. The portion of the lot located on the other side of
the Rocky Mountain Ditch will remain vacant.
The applicant/owner would like the lot to be gravelled rather than
paved. This is a specific design variance which must be considered by
Planning Commission and City Council. See Section VI. Variance.
V. CRITERIA - 3516 .7av StrePt
StaPf has the following comments regarding the criteria used to
evaluate a SpeciaZ Use Permit for 3516 Jay Street.
i. Will meet a proven public need in that it wi11 fill a void in
necessary services, proc3ucts or facilities especially appropriate
at the location proposed, considering available alternatives.
There is a void in the market for good day care facility options Eor
persons living and working in the area.
2. Will not have a detrimental effect apor- the general health,
welfare, safety and convenience of persons residing or working in
the neighborhood of the proposed use.
In regard to convenience, if adequate parking is provided, traffic
congestion shouZd be minimal. The City of Wheat Ridge Public Works
Department has done tra££3.c counts on Jay Street. Preliminary £igures
indicated tha~ even with the new faci2ity, inCreased counts do not
push Jay Street over the limit for a local street.
3. Will not areate or contribute to blight in the neighborhood by
virtue of physical or operational characteristics of the proposed
use.
~ *
Planning Commission Sta££ Report Page 5
Case No. SUP-94-1/FOrgo
The applicant intends on making minimal changes to the property to
maintain a residential setting. If the property is kept up, there
should be no concern with blight.
4. WilI. not adversely affect the adequate light and air, nor cause
significant air, water or aoise pollution.
The day care aenter will not produce any more air or water pollution
than a typical single-family residenCe would. The amount of light to
adjacent progerties will not be affectec3 because the house will be
limited to its' existing size and height. Although the height
allowance is 35 £eet in the R-2 zone, the structure will be restricted
to its' current con£iguration. Because of the ages of the children in
the new facility (i.e., infants and toddlers), there should be minimal
noise generated. A six-foot-high solid £ence surrounding the outdoor
play area should help reduce noise to adjacent properties
5. Is consistent with the comprehensive plan.
The Comprehensive Plan designates this property as "low density
residential". Day care facilities are generally thought to be support
services for residential areas. If a special use is granted, the
residential designation will not be af£ected, therefore, there will be
consistency with the Comprehensive Plan,
6. Will not result fn undue traffic congestion or traffic hazards, or
unsafe parking, loading, service or internal traffic conflicts
to the datriment of persons whether on or off the site.
The parking lot has been designed to provide safe, off-street parking
and loading. Traffic on Jay Street will increase, however, based on
tra£fic- counts per£ormed by the Public Works bepartment, it would
still meet the criteria for a local street.
7. Will be appropriately designed, including setbacks, heights,
parking, bulk, buffering, screening and landscaping, so as to be
in harmony and compatible with character of the surrounding areas
and neighborhood, especially with ad~acent properties.
The applicant has attempted to make the proposal as "residential" in
feel as possible by not changing the appearance of the property.
Buf£ering of the parking area off Jay will help so£ten the look oE the
lot.
7. Will not qver burden the capacities of the existing streets,
utilities, parks, schools and other public facilities and
services.
All s~reets utilities and other public £acilities and services are in
place. The school providea its' own recreation opportunities,
therefore there should be no impact on parks in the area.
, ~
Planning Commission Sta£f Report Page 6
Case No. SUP-94-1/FOrgo
VI. PAVING VARIANCE
Staf£ has the following comments regarding the criteria used to
evaluate a variance request. As mentioned in Section IV, any formal
parking areas are required to be paved. The applicant is.proposing a
gravel lot £or the expanded facility.
1. Can the property in question yield a reasonable return in
use, service or income if permitted to be used only under the
conditions allowed by requlation for the district in which it is
located?
Assuming the special use is granted, a nursery could still operate
with an asphalt or concrete parking lot if the variance is not
granted.
2. Is the plight of the owner due to unique circumstances?
Circumstances are unique due to the residential character o£ the area.
3. I£ the variation were granted, would it alter the essential
character of the locality?
No, as there are many residences with gravel driveways.
4. Would the particular physical surrounding, shape or
topographical condition of the specific property involved result
in a particular hardship (upon the owner) as distinguished from a
mere inconvenfence, if the strict letter of the regulations were
carried out?
Inconvenience.
5. Would the conditions upon which the petition for a variation
is based be applicable, generally, to the other property within
the same zoning classification?
A precedent could be established. Another day care center built
within a residential setting several blocks east was required to pave
their parking lot.
6. Is the purpose of the variation based exclusively upon a
desire to make money out of the property?
The variance request is economically motivated from the standpoint
that gravel is less expensive than paving.
7. Has the alleged difficulty or hardship been created by any
person presently having an interest in the property?
Yes, the applicant has an option to purchase the property.
r ,
Planning Commission Staff Report Page 7
Case No. SUP-94-1/Forgo
8. Would the granting of the variations be detrimental to the
public welfare or injurious to other property or improvements in
the neighborhood in which the property is located?
Granting of the paving variance may be detrimental to the public
welfare or injurious to property or improvements in the neighborhood
in that gravel and rock w311 be brought out onto the paved driving
sur£ace of Jay Street with exit3ng cars and with snow plowing
practices. Also, gravel can increase noise levels when vehicles
maneuver as compared to paved surfaces.
9. Would the proposed variation impair the adequate supply of
light and air to adjacent property or substantially increase the
congestion in the public streets or increase the danger of £ire
or endanger the public safety or substantially dimi'nish or impair
property values within the neighborhood?
The variance would not impair the supply o£ light and air, increase
traffic congestion, increase fire danger, endanger public safety or
diminish property values in the neighborhood. It would give more o£ a
residential "feel" to the nursery parking area.
VII. - TRAFFIC
The Department of Public Works has done traffic counts on Jay Street.
A speed count on West 35th Avenue was done as a result of complaints
from area residents regarding the speed of cars using that street.
West 35th Avenue is designated as a local street on the Comprehensive
Plan but it £unctions as a minor collector. The speed posted is 30
m.p.h.
A 24-hour speed assessment was done with the £ollowing results:
There were a total of 963 cars on the day the count was taken.
Average speed was 28 m.p.h.
There were 19 cars which travelled between 41 and 45 m.p.h. and five
cars which travelled between 46 and 50 m.p.h.
The "85th percentile" was 34.8 m.p.h
(The "85th percentile" is the speed in which most drivers feei
com£ortable driving at and is one o£ the warrants used in setting
mile-per-hour ratings).
The £indings are consistent with a minor collector status street.
A 24-hour traffic count was performed on Jay Street midway between
West 35th Avenue and West 35th Place. The 24-hour count £or vehicies
travelling southbound was 532. The 24-hour count for vehicles
travelling northbound was 280. The combined count was 812.
Based on a total of $0 infants and toddlers at the new facility and
five staff inembers, Staff estimates this will generate 86 additional
vehicle trips to and from -the center each day. This would raise the
total vehicle trips per day to 898.
~
~
Planning Commission Sta££ Report Page 8
Case No. SUP-94-1/FOrgo
Section V-21 of the Comprehensive Plan sets the parameter of traffic
capacity £or a local street at 2000 vehicles per day. Staff concludes
that with the new facility, Jay Street will still function as a local
street.
As a rule of thumb, a typical residential dwelling unit generates
roughly ten vehicle trips per day.
VIII. NEIGHBORHOOD MEETING
A meeting for neighborhood input was held on May 20, 1993. Aside from
Staff and the owner/applicants, two residents from the area attended.
Concerns expressed included noise during the day and primarily traffic
on Jay Street and West 35th Avenue.
Letters in favor o£ the proposal have been included under E~bit 'F'.
included also in the applicant's Exhibit 'B' are letters of support.
Letters of protest received £rQm area residents have been included
under Exhibit 'G'. Please review these documents closely as there are
four separate letters and three petitions relating to three different
aspects of this case.
IX. ACENCY REFERRALS
Ali agencies can serve both properties.
Public Works woulcl like to see construction o£ curb, gutter and
sidewalk along the West 35th Avenue and Jay Street frontages. Curb,
gutter and walk could be required on West 35th Avenue only if a
parking area is installed on the vacant half. A drainage plan and
report will be required if the paving variance is not approved. The
sight distance visibility at West 35th Avenue/Jay Street intersection
needs to be improved by the removal of obstructive foiiage.
X. STAFF
3536 Jav Streg~
Staff concludes that the existing facility has been in operation £or
almost 4Q years and that approval o£ the Special Use Permit will bring
an historical, legal noncon£orming use into compliance. Staff further
concludes that the criteria used to evaluate a Special Use Permit
supports this request. For these reasons, a recommendation of
Approval is given for a Special Use Permit for 3536 Jay Street with
the following conditions:
1. The Special Use Permit be granted to the Wheat Ridge Preschool and
Kindergarten at 3536 Jay Street under the ownership and operation
o£ Nina Forgo.,
2. The Special Use Permit be limited to a day care center for up to
45 preschool children and kindergartners.
~ ~
Planning Commission Sta£f Report Page 9
Case No. SUP-94-1/Forgo
3. The use o£ the property shall be in accordance with Exhibit D.
4. Exhibit 'D' be amended to show an asphalt pull-o££ along the north
side of the structure (West 35th Place).
3516 Jav Street
In regard to the request for a Special Use Permit for the property at
3516 Jay Street, Staff concludes that a child care/nursery is
generally considered a low-intensity use and a support service for
residential areas. Although traffic on Jay Street will increase, it
still falls within the parameters of a local street. Because in
general, the criteria used to evaluate a Special Use Permit supports
this request a recommendation of Approval 3s given for 3516 Jay Street
with the following conditions:
1. The Special Use Permit be granted to the Wheat Ridge Preschool and
kindergarten at 3516 Jay Street under the ownership and operation
of Nina Forgo.
2. The Special Use Permit be limited to a day care center £or up to
35 infants and toddlers.
3. The Use of the property be in conformance with Exhibit 'E'
4. That visibility at the intersection o£ Jay Street and West 35th
Avenue be improved, as per Public Works Department request.
5. That curb, gutter and sidewalk shall be required to be
constructed along Jay Street with the change of use.
6. That a landscape buf£er that does not violate sight distanbe
triangle standards yet provides a dense buffer, be placed between
the parking area and Jay Street. This could include trees,
shrubs and possible berming.
Pavina Variance
In regard to the paving variance, Sta££ concludes that.circumstances
are not unique. There is another day care center located several
blocks to the east that was required to pave their parking when they
developed within a resident3al setting, and gravel may be tracked onto
Jay Street and increase noise levels. Therefore, we recommend Denial
of the variance request.
XI. RECOMMENDED MOTIONS
Snecial Use Permit for 3536 Jav Street
"I move that Case No. SUP-94-1, with specific regard to 3536 Jay
Street, to a11ow a day care/kindergarten in an R-2 zone district be
Approved £or the following reasons and with the conditions stated:
~ ~
Planning Commission Staff Report Page 10
Case No. SUP-94-1/Forgo
1. The criteria used to evaluate a Special Use Permit proposal
support approval.
2. This use has existed at this location for 40 years without undue
conflict and complaints.
3. The Permit shall be issued to Nina Forgo only, as owner and
operator.
4. The Permit is limited to day care for up to 45 preschool and
kindergarten children.
5. Use of the property shall be in accordance with Exhibit 'D'.
6. Exhibit 'D' shall be revised to show asphalt pull-o£f along the
north side of the structure (West 35th Place) and such paving
shall occur within 90 days of e£fective date of this Permit."
Snecial Use Permit for 3516 Jav Street
"2 move that Case No. SUP-94-1, with speci£ic regard to 3516 Jay
Street, a request for a child care center/nursery in an R-2 zone
district be Approved for the following reasons and with conditions
stated:
1. The criter3a used to evaluate a Special Use Permit proposal
support approval.
2. It is determined that the benefits to the community outweigh the
potential minor impacts to the neighborhood.
3. The Special Use Permit be granted to the Wheat R3dge Preschool and
kindergarten at 3516 Jay Street under the ownership and operation
o£ Nina Forgo.
4. Tlie Special Use Permit be limited to a day care center for up to
35 infants and toddlers.
5. The Use of the property be in conformance with Exhibit 'E'.
6. That visibility at the intersection of Jay Street and west 35th
Avenue be improved, as per Public Works Department request.
7. That curb, gutter and sidewalk shall be required to be
constructed along Jay Street with the change of use.
8. That a landscape bu£fer that does not violate sight distance
triangle standards yet provides a dense buffer, be placed between
the parking area and Jay Street. This could include trees,
shrubs and possible berming.
<pc>srsup941
~ CITY OF WiiEAT R9DGE
i~~l ~Q1~
Planning Commission D JRN 2~'l 1994
7500 W. 29th Ave.
Wheatridge, Co. 80033 _ ~~ t~u U~~
PLANNING & DEVfLOPMENT
lCASE NO. SUP-94-1
EXHIBIT 'G'
John & Geraldine Fae:
6205 W. 35th Ave.
Wheatridge, Co. 8003~
~f 3 I-Y3 9 z-
As adjacent property owners, we have some specific
concerns about the special use permit, requested in case
#SUP 94-1 for property at 3516-3536 Jay St., according to
Council Bill No. 30 Ordinance No.995
Section #1 (3) (b)
We believe the added traffic from the proposed day care
will.be detrimental to the safety of our.family and children_
I have in the past called Wheatridge_Police concerning the
traffic related to the corner of 35th and Jay streets. We
have seen numerous cars fail_to stop at the stop sign when
travelling south on Jay street. This poses a potentially
o-~~
dangerous situation. Day care_parents, when dropping^or
picking up their children at the exsisting center, often park
facing tra~fic, which is a violation of driving on the wrong
side or_parking on the wrong side of the street. This is
definetly a safety hazard.
Section #1 (3) (c)
We now see at the proposed sight an attractive home with
a beautiful, well established and cared for yard ~aith mature
trees. Green lawn and trees__must be removed to make room
for a black ashphalt parking lot. We cannot imagine this
happening in our neighborhood. We want to preserve the
established, natural beauty that we have in this neighborhood.
Section #1 (3) (d)
As we know, there is a reasonable amount of noise con-
nected with any day care, but with the addition of another
~ ~
i . h
proposed day care, the noise and congestion will be even
closer to our home. Even now, we usually cannot open our
windows in our kitchen or dinning room upstairs because of ~7Le
noise. As the days get warmer, the noise increasas. A few
times we have almost gone over to the day care because some
child was screaming and the wqrkers didn't seem to care about
disciplining this action.
Section ~`1 (3) (g) _
We do not feel the-proposal for an additional day
care center and adjoining parking lot would be compatible iaith
the character of our neighborhood which now consists of grass,
shrubs, mature trees and well established homes. We do not .
want to see our property values depreciate.
Sincerely,
v/~~~~ ~-.
John Faes
~~" ~""~ ~~
Geraldine Faes
~ KENNETH R. LAMKIN, M.D. ~
FAMILY PRACTICE
205 S. GARRISON ST.
L4KEWOOD, CA 80226
303,237.2779 FAX 237,4428
C1TY OF WHEAT RIDGE
f~ ,~r,_.~.~ .~,..~~,~
February 7, 'l994 "1 ~'~~ (} ~S ss94
TO: Wheat Ftidge Planning Department ,~, ~~~~ ~'~~:.t
RE: Case #SUP-94i ~~lH~N6 ~ ~£3~:P9~~11~
Dear Planning Commissioners:
I am a family physician practicing in Jefferson County for the last 17 years. i wiil
show there is no proven public need as stipulated in the Wheat Ridge Codes 26-6
Section 1(3) (a) and, in fact, the proposed day care facility is an inferior sotution for
families looking for day care.
I will also show the proposed day care center is detrimentai to the heaith, safety,
and weifare of infants and toddiers when compared to other day care options in the
City of Wheat Ridge.
The rate and se~erity of infections is greater in day care than in pr~vate homes.
(V~fald, ER, Dashefsky B et ai: ~requency and severity of infections in day care. J.
Pediatr 1 i 2:540, 1988.) The proposed day care cen4er wili be an environment where
on average Wheat Ridge young children wiii be ili over 50% of the time during the first
two years of their fives. Day care, de#ineti meeficaffy as more than 6 chiidren in one
faciiity, for children in the first 2 years, poses significant health rfsks. Day care ir~fants
and toddfers on average have twice as many ilfnesses, i8 per year. Each iiiness tasts
iwice as fong, i4 days. Therefore, your average day care attendee wiif be sick for
more than 6 months ea~ch year for fhe first 2 years of iife. These children suffer
iflnesses that are pnmarily respiratory and negativety affect ihe normal chifdhood
deveiopment. Far examp4e, 1 in 5 day care chiidren require tubes placed surgicaffy in
their ears, uvhife 3 in 100 chiidren in private homes require this surgery.
Day care children do rrot have the intense one-on-one caregiver-child
refationship necessary for optimaf psychoso~ial tfeveiopment. infant and toddler
rearing is an area wt~ere it is clear the smaNer ti7e faciliiy the better.
Historicafly in Jefferson County, day care has been provided in private homes, a
few children per home. These children do not have the increased health risk that
would be seen in the proposed Facif'rty. Our current system of smail day care facifities
in private homes is clearly superior to the proposed larger institution.
I wiil refate the experiences ofi two hyp~thetical infants io iftustrate these cruciaf
issues for quafity day care for infants and tgddfers.
The Sones investigated day care possibiSi4ies for their first chiid, Jenrrifer. Mr.
Jones' mother wanted to take Jennifer, ~nd their neighbor having a to~fdfer of her own,
wanted to car~ for Jennifer. But the deciding iactor for Mrs. Jones, a nurse at Lutheran
i~edical Center, was her +nr'rsh to breastFeed her baby. She chose the day care at
Lutheran, her workplace, because she could be with Jennifer during breaks and lunch.
Mrs. Jones couid strengthen the bond with her daughter and keep an eye on the care
her daughter was receiving.
~ ~
ln retrospect, Mrs. Jones uvonders if she made'the right decision. Jenn€ier had
repe~t~d respiratory infec4ions, including 6 ear ir~fectiorrs. Nfrs. Jones iost 3 weeks of
vvoric s~aying home with Jenni~er.
Five years ago, the 5mith'~ investigated day care possib'rfities Por their first chitd,
Shawn. Mrs. Smith's mofher insYsted on keeping Shawn unYif he was old enough to
benefit from the sociaf experiences at Yne focai day care center. No~ Shawn is in day
care and their newborn, Sarah, needs a caregiver while the Smi4h's are at work. The
Smith's are refuctant to impose on rnother again and Yne peopfe at Shawn's day care
pointeci out how convenfent it would be to have ooth children at the same cer~ter. So
Sarah is enrofled in ciay care Por "rnfants and toddfers. Niom or dad can drop oFf and
pick up both chiidr~n at the sarrre time, v~hich is importanf for this harcivuoricing coupfe.
Sarah is a modef in'fani. 1Nith her easy smife and abitity to occupy hersetf, she
is grouped with other n~pping and quiet ch4ldren. The day care staff are responsibie
for the total care ofi 5 infants each. Oth~r infants, irrrtable because of illness, taek of
sieep, ancf9or homesickrress, take up the attention of th~ staff. Sarah, whfle rrot
negiected, is not cfosely observed ~ior adequate#y stimulated. The Smi~h's work
across tov~rn and rarely visit their chiid. Sarah is at risk for retarded sociaf devetopment
arrd her inteilectual development couid be s9ovued. In addition, Sarah has had
respiratory iffnesses repeatedly, a known probfem in such day care faciliries.
These exampies illustrate that day care is an imperfect soiution writh sigrrificant
health and safety factor~ negatively i~npacting the weifare of chifdren. Meningitis,
surgery for insertion of tubes in ears, and enteritis are examp1es of conditions
prevalent in day care.
The proposed type oP faciiiYy should be attowed in our community onfy as a fast
resort, if tf~ere is a proven pukriic need. if tYrere were a pro~en pubiic need far fh~
proposed day care facifi'ty, citizens would be unable to work because day ~are woufd
be unavaiiable. i ha~ve 20 years experience as a famiiy physician ir~ter~riewrng
hundreds of prospective and new parents. Parents are finding suitable day care. 8y
word of mouth, the 'tefephone, posting buiVetins, babysitting co-ops, interviews, etc.
thes~ parents find suitable cfay care. I have intenriewed anci examined numerous
providers of day care in private homes who must receive periodi~ heafth examination
by iavo. 6ased on this experienc~, i have conciuded ther~ is a baianc~ beiween
suppiy and demand for day care in our commun"riy.
Recentiy, a pa~rent of a chiid at th~e existir~g pre-schaoi expiained to me why she
feft the inaant and toddier center v+ias needeci. She reiated that she 'rntenriewed 60 day
care possibilities per year and could not find a situation that suited Yrer needs. This
parent felt she coufd trust the owner, P~ina Fargo, and therefore wanted to use the
proposed infant and toddier center. This parent, in interviewing 60 day care
possibifities, proves that day care es currentty avaiiabfe. I beiieve peopie like her are
havir+g difficulty finding day car~ beeause their persanai need is to t~e at home witfr
their infant. In putting tfieir irust in r~ina Fargo, uvho wilf nat directty care for their chifd,
this mother is kiddiu~g h~erseif. Nina wiif hire someone the mother has not interviewed
to care Por her infant and Nina wifl be unabf~ to adequately supenrise these hiretings
as she wa~rld now have ivvo buildings ta supervfse.
it is my belief that'ihere is a proven pubiic neecf to cr~ate networks to p
parents and privatz home providers of day care together. There is no need t~~TY OF UJHGr:T RI[~'
D ---~~- ~~ ~?-~ :
F~~S fl ~ 1994
_~~~~u u ~
PLAlVNING & DEVELOPME~
~ ~
jeopardize the health and safery of our infants and toddlers by creating a targe day
care center at 35i 6 Jay Street.
Currentfy we have an American smaif town solution oi neighbors, friends,
famiiy, and others cooperating to benefit aii. iNarehousir~g up to 30 irrfants in a duplex
as proposed by this applicant is anather American phenomenon--the entrepreneunal
spirit. As a founder and part-owrrer of a smail busdn~ss in Jefferson County, V
understand the pre-school owner`s motivatian. However, her proposa! meets no
proven pubiic need, is incompatible with Wheat Ridge City Cod~, and is incompatibfe
wiih this neighborhood.
If there is a scarcity of targer day care facilities ira ifv//heat Ridge, it is because this
kind of day care is inferior. If the Flanrring ~Comrrrissdon wishes to encourage larger
day care institutions, I suggest the proper tocation wou9d be at the workptace where
parents can visii their children.
The Pianning Commissioners shouid reject the appfication for expansion ofi the
pre-schooi and kindergarter~. There is no proven pubfic need. The large day care
facility wouid unnecessariiy expose the young children of iAlheat F?idge to unnecessary
heaith risks. The Planning Commission is obligated to protect these childrens' welfare
under Wheat Ridge City Code 20-6 Section 1(~) (3) (b) and 26-6 Section 6.
if the Commissioners in their deliberafion of ail the facts determine they wouid
choose to pass on the appiication to City Councif, i wauid object based on Wheat
F[idge City Code Section 26-7 ~A) (1). "it is the intent of this Zoning Code to permit
these nonconformities to cnntinue untii they are votuntariiy removed, or until they are
amortizecf, but nof to encouraae their survival. !t is further intended that these
nonconformities wiii not be eniaraed, expanded. or extended. nor wilf thev be used as
arounds for addinq other uses or structures prohibited in the district. The existing pre-
sc~aooi needs a Speciaf lfse Permifi beoore consideration ofi expansion. Untii ihe pre-
school obtains a Specia! 11se Permif for its currenY use as a pre-schoolfkindergarten,
no organ of city governrraent may consider expansion o~ the noncorrformity. iVo organ
of city government can use the existence of the pre-schooi as grounds for adding other
uses, i.e. infant and Yoddler custodiai care.
Sincerely,
~v ( ~G.2%h:~yt~ ~~
Kenneth R. Lam#cin, M.D. CITY ~~' V11HEA7 RiDGE
1~?~r'. ~ti I?P~~
~ F~a o s ~~s~
_~ 1~ i~~is~-~I~-L; I_:,
PLANNiNG & DEVELOPMENT
~ KENNETH R. LAMKIN, M.D. ~
FAMILY PRACTICE
205 S. GARRISON ST.
LAKEWOOD,CO 80226
303,237,2779 FAX 237,4428
C1TY OF WHEAT RIDGE
p .C~r~nn ~-~
February 7, 1994 FEB 0 8 1994
_ L~,tJf~[1Rl~~L_.
TO: Wheat Ridge Planning Department
RE: Case #SUP-94-1 PLANNING & DEVELOPMENF
Dear Planning Commissioners:
I am not opposed to the issuance ofi a Speciai lJse Permit ior the pre-schooi in
principle. However, I would expect the pre-schooi to first come into compliance with
Wheat Ridge City Codes 26-31. ~ woufd expect the pre-school to btend into the
neighioor'nood in ai1 respects.
Our rejuvenated neighborhood is a friendly place with a natural beauty as
stated in the Comprehensive Development Fian. The neighbors have made
suostantial improvemenis since the home at 3536 Jay Street was converted io a pre-
school over 30 years ago. iJntil now, the pre-school has not needed to meet modern
standards because of grandfiather ciauses.
iVow it is the pre-school's tum to rejuvenate ifseif, come into compiiance, and
improve its appearance. I would oppose issuing a Special Use Permit untif the pre-
schooi, in consultation with the neighbors, has an acceptabie detailed pian to
accompiish this.
The neighbors and the Wheat Ridge Pfanning Department have pointed out
current deficiencies in the pre-schooi. 1t is time for the pre-schooi to be a good
neignbor and make a good faith effort to comply. VVhile f am supportive and in
agreement with neighbors compfaints about trafFic, noise, visuaM blignt, and
noncanformity of the pre-schooi with the neighborhood, 9 wili address health and
safiety issues only.
There are health concerns in the 2-1 /2 to 6 year old range. The younger day
care children in particular wiii have a higher rate of 'rllness, inciuding meningitis,
enteritis and surgery to place tubes in their ears. This rnust be weighed afong with the
benefits of sociai interaction and iearning provided at the pre-school.
The serious safety concern i have is ihe faiiure of the pre-schooi to comply with
nationai safety standards enacted into Wheat Ridge City Code 26-31 regarding
required ofF-street parking. According to the Planning Department report, the pre-
schoof has 7 spaces when "at least 11 off-street parking spaces are requireci".
It is the duty of the Cify in the interest of child safety to separate, as much as
possibie, children from vehicles. I was informed by ciry staff that additional parking .
spaces wouid sacrifiice at ieast part of the piayground. If this is unacceptable, then I
aemand the number of children allowed at the pre-schooi be reduced to conform with
26-31.
~
~
One might think this is an onerous economic burden to place on the owner.
One might propose that since there may not have been an accident in over 30 years,
then why impose a new standard now. it only takes one accident to iilustrate why the
Ci'ry must erifiorce its code. A smail child is run over by a car backing out of the
inadequate parking area. Think of the emotionaf and econom'rc burden it wouid
create. Consider the city's liability in fhe event ofi a suit if the City wilifuily ignores
warnings such as mine and doesn't errforce its own safety code.
i impiore Yhe Pianning Commission fo make tne safety of the chilaren attending
the pre-school a paramount concern. iVlake compliance with the Wheat Ridge City
Cocie 26-3i a condiYion for issuanee ofi a Special Use Permit for 3536 Jay Street.
Sincereiy,
~~~~~~ ~~
Kenneth R. Lamkin, M.~.
CITY OF WHLn.'~ pip~~
_D ~r~'~"-P-~ ~
FEB 0 8 19q4
~CSL~ U~L-~
PLANPJING & DEVEtOPMENT
~ ~
DATE: February 7, 1994
TO: Wheat Fiidge Planning Department
UVheat Ridge Planning Commissioners CITY OF WHEAT RiDGE
~ r~.~n.aQ~
FROM: Susan Seeds ~Eg ~ g ~994
6147 W. 35th Avenue (~
Wheat Ftidge, CO 80d33 11 ~~~~~ U t~~
JU
RE: Case # SUP-94-t PLANNIN6 & DEVELOPMEN.T,
Dear Planning Commissioners:
Zoning can be art effective method Por stabiPizing neighborhoods, build pride in
city and neighborhood, and support commercial ventures_ Zonings' purpose is Yo
nurture and proteet residentiai neighborhoods and to nurture pianned commercial
ventures. Zoning creates areas for residential neighborhoods separate from zones for
commerciai development.
Cities that have been successfui in solving the inherent probfems that arise
when commercial and residentiai interests conflict are desirabie cities to Bive in. The
Wheat Ridge Comprehensive Developmerrt Ptan (CDP) goals and objectives °are
ideafly an exp~ession of fhe wili of citizens concerning future development of the City."
This attitude speaks weif of the pianners ofi Wheat Ridge.
Special Use Permits contradict the above zoning principles. To spot zone an
incompatible use within a zone degrades that zone. Speciai l7se Permits should be
speciaf, indeed they shouid be rare. They should not be a vehicle for any citizen with
a plan to subvert the Comprehensive Deveiopment i'ian of Wheat Ridge.
The proposed expansion of the pre-schooi, located at 3516 Street, wouid
degrade our R-2 neighborhooci. Our neighborhood is designated a tow dens'~ty
district under the CDP. According to Wheat Ridge Code 26-14, the intent and purpose
of creating an R-2 district is to provide "high quafiry, safe, quiet and stable iow- to
mocierate-density residential neighborhoods, and to prohibit actrvities of any nature
which are incompatibEe with the residentiai character°.
Historicaily there has been a noncorrforming tausiness, a pre-school, in our
neighborhood which does not meet Section 2&-6 Section fi(B) (3) Criteria for Reviewr.
It has traffic probiems. Parents who drop oif their chifdren often park on the wrong side
of the street, make ilfegaf U-turns, and create traffic fiiow probiems when cars are
parlced on both sides of the street. This probiem is caused by not enough parking
spaces at the pre-schoot. Accard€ng to poliee records, the intersection of Jay and 35th
Avenue has foeen the sife of 5 accidents in the past 6 years. Any additional iraffic on
our street is unacceptable to the neighbors, as our street is usect by bieycfists and
traditionaily has been used by people walking for exercise.
The existing pre-sehooi has noise problems. Perhaps some noise ~rom ptaying
children can be tolerated with weil thought out pianning, incfuding high #encing and
bushes. Crying infants and ioddiers, however, would be unaccepiable. F?uring the
~ `
summer months it would be cruef not ta open windows, which would allow noise to
#ilter out. No amount of planning can deal with this type of problem. Crying infanYs and
young children make many aduits nervous_ A ner~ous adu6t may not deaf well with
their own childeen. Listening to crying infarrts can make life very difficult.
The expansion of the pre-school would afso cause visual bfiaht. Adding a
parking lot in our neighborhood is una.,~,~N~ab1e. (See petition.) The CDP staYes,
"Some areas take on the character of a frienc3ly smail town with greenery, quietness,
openness, friendly neighbors and iack of congestion." This describes our
neighborhood without the pre-school. The pre-sePzoo! cfoes not fiit with this
characterization, let aione doubiing fhe probiems created by expansion onto the
adjacerrt property. One can feel the sense of ruralness on our biock. The ditch creates
a habita# for birds and animads. A horse can often be seen grazing during the spr'tng
and summer months. This is the kind of neighborhood we moved into and want to
keep. "Wheat Ridge does and wili attract the kind of peopte who are drawn here by its
character and shoufd resrst the temptation to become just like another city or suburb."
(CDP)
"Localized commercief and light industry are desired and needec# to provide
services, reasonable empioyment and economic base, but need strict zoning to
provide adequate safeguards against loss of value to adjoining residential property,
and to the established quality ofi life in the community." (CDP) Property values are
sure to drop due to additional noise and traffic, not #o mention doubling the business
and the view of a parking iot fuil of cars. There are a number of rentaf properties
adjacent to the pre-schoot which feads to neighborhood instabiiity. in some cases the
owners may have moved because of the amount ofi noise made by chiidren on the
piayground and excessive noise coming from within the center itseif. Fientai
properties, due to their nature, provide an opportunity for cnminai etements to mave in
and rental properties often receive iess care and become an eyesore, thus devaluing
other properties in the neighborhood.
Due to traffic. safetv. noise. visual biiaht, devaiuation of propertv value. and
incompatibilitv with the CDP, the existina ore-schooi does not meet the Criteria For
Review under Secfion 1(Bl t31 of the amended zoninq ordinance reaardinq Soecial
Use Permits. Many ofi the pre-schooi neighbors have stated either in writing or before
the Planning Commission #heir objections. The Commissioners shouid evaluate
whether the applicant can prove the SUP's Criteria For Review is being met.
Neighbors can help show whether the applicant does or does not meet presenY
standards. The appficant aiso should show how compliance woutd be met if the
property is noncoriforming. 9n fact, #he burden of proof shouid be the applicanYs
responsibiiity, especiaily when there are questions regarding whether the intent of the
Comprehensive Development P1an and the Wheat Ridge City Codes are being met.
(See petition.)
Traffic, safiety, noise and visual probtems created by ihe existing pre-schooi
need to be addressed regardiess of the outcome of the proposed expansion. "The
people desire city streets adequate for kocal needs and vuett maintained and regufated
against danger and excessive noise." (CDP) The pre-school, as operated, has a
negative impact on our quiet R-2 neighborhood. Any expansior~~r~al~~r~c~EAT RIDGE
situation worse.
D ..22~r'.
FEB 0 8 1994
~i ~ ~~u V ~~
FLJ~,f~NINS & pEVELQpl~EN'~
~ ~
i urge the Pianning Commissionners to deai with these iwo properties
separately. These properties require separate decisions. The issues raised should ~e
iooked at separately. The existing pre-schoaf, located at 3536 Jay Street, is
nonconforming at present and a Speciai Use Permit is needed in orcier for it to
continue in the future. Compliance with Special Use Permit Criteria For Review needs
to be addressed and a specific plan submitted as to how compiiance would be met. A#
present the plans submitted by the applicant are not adequately detai6ed. The
neighbors do not feel comfortable with the lack of detaids.
Expansion onto the adjacent property, located at 3516 Jay Street, shouid be
addressed separately. The Commissioners should note the proposed expansion is
not acceptabie to many ofi the neighbors located in praximiry to this property. (See
petition.)
Expansion in this case wiil produce an additional nonconformity where one did
not exist befors. Section 26-7 Nonconforming lots, uses and structures, (A) intent
ciause is quite clear on this matter. "It is the intent of this Zoning Code to permit these
nonconformities (the pre-school) Yo continue until they are voiuntarily removed, or untii
they are amortized, but not to encourage the€r survivai. ft is further intended that these
nonconformities wili not be enfarged, expanded, or extended, nor will they be usecf as
grounds for adding other uses or structures prohibiYed in the district. In cases where a
nonconformity constitutes an eminent pubiic safety hazard or threat, the
nonconforming situa#ion may be ordered corrected or removed." There are traffic
wncems afready stated regarding the pre-schooi as it exists. Adding additionaf traffic
wifl cause safety problems which may be difficuit to remedy. The entrance and exit to
the parking lot at 3516 Jay Street will create new traffiic E~azards. Serious
consideration shouid be made regarding traffic as young children are involved. As
adults we may see the dangers and act accordingiy. Young children, even when told,
do not always understand the dangers created by cars. Aiso, some of these chiidren
are dropped off eariy in the morning whi6e it is stiil dark. Others are picked up at night
in the dark.
If the Planning Commissioners approve ihis portion of the application, specific
pians for how the appiicant wilf come into compiiance with the Criteria for Review
regarding this property, should be submitted before a Permit is issued. Plans are not
adequately detailed for the neighbors, nor do they adequately address buffers, traffic,
noise, parking, and iandscaping.
I thank the Planning Commissioners in advance far their time and effort in
addressing all the above mentioned issues before rroaking a finai decision and for
weighing the facts presented.
Sincerely,
.-~~ .~~ ;~ _~'~~~~E'~~" ~/
CITY OF WHEAT RIDGE
Susan Seeds ~ _ ~{"_.~~. ~[(~L ~
lncl. 3 Peti#ions FE8 0 8 1994
_ ~~~u u ~~
~LANN9Pl~ & DEYtLOPMENT
~
~
Cl'fY ~F ~EAT R1D~~
~ ~f ..,
!~ ¢ES481994
,U~~& a£pELOPMENf.
p~pNNiNG
NEIGHBORHOOD PETITION
We, the neighbors of the Wheat Ridge Pre-School and Kindergarten, located at 3536 Jay Street,
urge the Planning Commissioners ta er~force the amended Comprehensive Plan for Wheat Ridge.
v
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CITY OF WHEAT RIDGE
2nn. n~ ~
Q FE~ 0 8 1994
. _~~~uv~=
PLANNING & DEVELOPMENT
NEIGHBORHOOQ PETITION .
We, the neighbors of the Wheat Ridge Pre-School and Kindergarten, located at 3536 Jay Street, do
not want a parking lot on the north east comer fac~'rtg 35th Avenue, as it woutd not be in harmony
and compatible with the character of the surrounding neighborhood.
DATE
/-i~ 9y
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CI'TY OF WHEAT RIDG~
0 - ~n~ '
~EB 0 8 199A
~~~~ ~~
pl~#~1~N~ & 3~E'~P~iF.~i.
NEtGNBORFi00D PETfSIO4V
We, the neighbors of the Wheat Ridge Pre-School and Kindergarten, tocated at 3536 Jay 5treet, do
not want a parking fot on the north east corner f~cing 35th Avenue, as it would not be in harmony
a~d compatible with the chasaeter of tt~e surrounding neighborhood.
DATE PRINTED NAME SIGNED IVAME ADDRESS
/~?i y~ S'f1/.L'/_~T/.</E/~f/Td/V ~rJ ./~ f. X~ ~n.. /i.~e /J~S~~Ol.~e=.
/- a3~941 ,~6'~I,UCT!{ L~r•~KI N Jl. ~ t~~ t,~l 3S~ AuN _
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~ CIT'( OF ~Ni-~EaT R1DGE
O ~~n~1.~
FEB 0 8 1994
,~~-t~u u ~
pLRNNING & DEVELOPMEI~'U
NEIGHBORHOOD PETITION
We, the neighbOts of the Wheat Ridge Pre-Schoo# and Kindergarten, located at 3536 Jay
Street, in order to preserve our neighbhorhood, oppose ait efforts to expand the pre-schoo{.
r
DATE PRlNTED NAME S1GNE~ NAME
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> CITY OF WHEAT RIDGE
~~r~nn nr~~=
FES 0 8 1994
.~~ ~U' L~l! U L5 ~.
PLANNING & DEVELOPMENT
NEIG1i80RHOOD PETtTIO1V
We, the neighpors of . the Wheat Ridge Pre-School and Kindergarten, located at 3536 Jay
Street, in order to preserve our neighbhorhood, oppose ali efforts to expand the pre-school.
;~, : ,
.. °
DATE PRiNTED NAME S4GNED ADDRESS
1-~,3~9~ ~r~l,~~'r'1-l ~~,uk~~l ~~~~ 1/SL7 Ld 3s'~-~ ~t1~ _
1~2~a ~fi~- ,Sha~a~oti ~~P ) c~'~~,mrQ.e.~ ~~~9-~ 3~n:~.~:~~+ 5~..
~ 4 C`1 ~I~~,~ ~ " ~7 / `~~
. ~.°~t ~ '~/ ~ ~ l~' ~~ /) 7U ~ J~-t~i r..~ . .~~.L~Yll~~' 12~.~n'I,~P_/./.~'J ln l~~ ~, ~ S %`~~'~- '
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D ~^ ~~_._?~RIDGE
Neighborhood Conditions RE: SUP-94i ' ~
(If one or both businesses are passed) ~~8 1~~ :`p~. J
i ~, J
~,^n' ~ ~-3 ~, iJ
1. At 3536 Jay Street business, neighbors want compliance with Sect` i~~~~8~ ~~p NT
a Special Use Permit is granted.
2_ At 3536 Jay Street business comply with "Minimum Rules and Regulations for Chiid
Care Centers", issued by the Office of Chiid Care Services, Colorado Department of
Sociai Services.
3. At 3516 Jay Street business comply with "Minimum Rules and Regulations for Child
Care Centers", issued by the Office of Child Care Services, Colorado Department of
S.ocia( Services.
4. Compty with the Americans with Disabilities Act. ~~`~'~'''jO ~
~
5. Require asphalt parking at 3516 Jay Street.
6. At 3516 Jay Street business comply with safety codes regarding required off-street
parking, Section 26-3i. -~ ~~
7. Comply with Condition #2 of the (X) Staff Recommendations, dated 1/26/94, 3536
Jay Street which states, "The Special Use Permit be limited to a day care center for up
to 45 preschool children and kindergartners."
8. Allow no more than 23 infants and toddlers which is the number stated by Nina
Fargo as the number she expected at the infant and toddler ce~ter.
r
9. Include the Faes' exhibit conceming landscaping at 36i6 Jay Street business. -~.~~~'~'"'~
~''`"`
10. install stop sign going east and west on 35th Avenue at Jay Street. -- ~~,~~ ', fy~r
11. Noise mitigation pian to include:
Solid double wood fencing or equivalent;
Staggering times children at pre-school area outside;
Supervised planned activities when chifdren are outside;
Department of Social Services approved air conditioning and ventifation
system at infant and toddier center to aifow windows at infant and
toddler center to remain closed at all times, only exceptions: air
poilution, breakdown of air conditioning or ventilation system,
emergency exit due to fire.
12. Landscaping to include removai of sign on 35th Avenue. Any sign on Jay Street
should blend into the nei hborhood. ~ ~~°°
9 `~" ` -~."-. ~
i ~
13. Appficant to obtain variance from 26-31 (C) (6) (b) design standards that require
100 ft. spacing between entrances or ~xits on same lot. We oppose granting such a
variance because the applicant's proposaf, a 45 ft. distance between entrance and
exit, aggravates a public safety problem created by the presence of traffic from the
exisUng pre-school. We believe the public works director may not modify or waiver this
requirement under 26-31 (C) (6) (f~ because a modification or waiver wouid not have
its primary purpose of preserving public safery. -~-~,~„~" ~, ~~c_
~
%' /~ -~i /
Date -~ ~
TO: Wheat Ridge City Council
RE: SUP-941
Dear Council Members:
~
We, ,JU~~~~ f~ `~~~Pr«l~(~~~~ /. ~~F' ; , are legally
protesting the expansion of the Wheat Ridge Pre-School located at 3616 and 3536
Jay Street.
Our property is adjacent to the Pre-School and is located at
G-;'C~~ ~~' ~J "-`' .9~~ ~c:'f~~<<f~,~E~~r. C~, ~v~ ~>
~
Sincereiy,
,. _ 7' ~ /~
i I. , ~C ( ~. ~.._
, iin ~~ ~
~ • `~~4`.__~
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~ x.~_
^'TY OF WHEAT RIDGF
' ~, ~.l~l'1~rr ~R.(]~ ~
, ~ ~-~ 1 .±. ~i994
~~~ ~ :_ ,.
I ~
uu~. _~~iTiI75~
PLANNIic._, & DEVELOPMENT
~ ~
Dat~ 7:~ f~ // l %~%~
TO: Wheat Ridge City Council
RE: SUP-94-1
Dear Council Members:
_ . , /
I, ~ ~~.^~; ,./; . , ! L~<_ y ~T.-L . am legally
~
protesting the expansion of the Wheat Fiidge Pre-Schooi located at 3616 and 3536
Jay Street.
My property is adjacent to the Pre-School and is located at
~/ ./ r ~ %.i~ ~ i l~ . ~ _S ~ Z,C" / ,C~ / . _
/ ,
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Sincerely,
ta, t _,', . / r.r_ /` ~r ~
, .._ ~~" ; ~
" ".. OF W~F•~ -.' RIDGF
~1 ~r~~1~rr
- F~B 1 '. :~~4~
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PLANFIIP!G : L~~'rtLOi M.EN~
~ ~
Date r2~ ;- \ ~ ~C 1C~ ~,
~
TO: Wheat Ridge City Council
RE: SUP-941
Dear Council Members:
I, ~xys ~ ~~,\ ~-~ 1 , am legaily
~
protesting the expansion of the Wheat Ridge Pre-School located at 3616 and 3536
Jay Street.
My property is adjacent to the Pre-School and is located at
~!'\~.~\ \~.''~ ~`~~ 1~V`~,
. ,'-1 ~ ~
L~'~1~c~~'~~c+>L ,~~ ~,~%C~.J
Sincerely,
~ '~~ 4~~ ~~,', \i~ C~` ~.C\L.~~.`
1~
l ~ _,r
; ~ ~.~~- --
I'i l~ F`% ; ~~:~~ ~~,
PLANNIVG & DEVELOPMENT
~
~
Date 1 ~ ~ . I ~ /~ ~~~
TO: Wheat Ridge City Council
RE: SUP-941
Dear Councii Members:
i, rC i i~ rl-i~ ~t,~tl~ ~`~ , am legaily
protesting the expansion of the Wheat Ridge Pre-School located at 3616 and 3536
Jay Street.
My property is adjacent to the Pre-School and is located at
lr' l,S~ ~v, ~r~ ,d 1/z_ .
Sincerely,
r
~
; ,.~~ ,,"~<<
~. ,. , ^c ,nr: ~T R1DC'°
I", ' -, .~;5 Pl('~ {~~!
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f ~_!' ~•'•~ i. . .:'~~ ;~
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PLANN4NG & DEVELv??~IENT
Rcco[dcd at _ o<lock _ M
RcccPti~w No. ~
~~
~, WARRANTY DEED
~~~ THISDEEU~biWeihis 28th a,yof Ju1y .19g7 .
'i
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HtGUN~cu a~v ...
COUNTY OF JEFFERSOt1
~ STATE OF COLORADO
RECEPTTON N0. 87099424
oaio4/67 9Oa15 15
bct~+c<n
HUGH J. FOSTER and ROSE GLORIA FOSTER
3441 Fenton Street, Wheat Ridge,
or~ '
coo~~yor Jefferson ,svkorcoio~.8~vorc:~,~e
NINA FORGO, 890 South Saint Paul Street,
Denver, Colorado 80209
wnox ,~~ ,ddRSS ~~
I; ormo City & cwm~yor Denver .sweorcaa,ao.¢nwoetA:
~~
;j wrrnessent,rnnuK~.~~ons~.r«.~,de~~.a~or~~or, One Hundred Twenty-One
~~~. Thousand and No/100 (,5121,000.00)------------------------ ~~'
~~ ihe¢ccipta~W~ufficicr.cyofwhichishertbyrknwlcdgcd.ha Ve gromed.barQained.wldandcanve~ed.aadbyWUepa+conde ~ot.
~ I bugain, sell. wmsy. uul confirm. unw thc gnniccfsl. her hein+nd usig~u (aaeG dl We ¢al pmpenJ'. lo~clher rith im, ,. ... -. ~.
~'. if an . siwam. 1 in and bein in ~hc Cuunt o! c~
u Y Y 8 That of the West 1/2 0~ the S u~~s~}4 of the ~t 1/a ~
~=0 ti ~ e«rixe u rouo~:
~~ \~ :' of the Nortln~est 1/p4 0£ Section 25, Zbwnship 3 South, Ra~e 69 West lmwm as and ~
_i .'~ i~ referred to as Part of Ir~ts 8 and 9. CRdG~Y FS:IGE~LPS, rrore pa.rticularly described
~~~, ~ as follwrs: Beginning at a p~int 168 feet North of the Southwest ....~..~... of A•;~
o ~I~IAt 8; thesce continuiuxJ North on west line of said Ivt 8, 125.22 feet, anre or
~_..less to a p~int 139 feet South of North line of said Int 9; the~icr Fast ani R~ral'
i a;;lel to said N~rth line of said Int 9, 125.67 feet to a point 100 feet West o£
N !;East line of said Iot 9; thence South arxi parallel to Fast line of said Iots 8
!and 9, 125.22 feet tr~ a point 168 feet North of South line of said Int 8; the~e
~iwest 125.67 feet to point of txgi.nning, County of Jefferson, State of ^^'^-'~30•
j! dw knavn hy:uee~ u~d number u: 3536 J8y Str2Et~ Wh03t RLdqO~ COlOLddO. .
TOGGTI(ER wi~ all and singuiu ~he hcrcdimm<ms and appunenances ~he¢ro beionging. or in anyw~se appenaitinp. ~nd Ihe meniaa +ad
mzrsions, rcmainder anA rcmainders, roNS. isxues and pmGtS ~hemoL and all the es~m, righ[, title, inarcsq ciaim and dem~ad whrtsons+ot Ihe
granmr(s1. eith<r in law or cyuiry~. of, in and m ~hc abu.< bugaiMJ pamises, with thc he¢diuments uW appue¢n+rcas.
TO HA~'E AND TO 1[OLD the ~iJ pmmixs abewe bargained and dev:tibcd wilh ihe appunenantts, unw ~he gnniee(t~. her ~~ ~
usigns(otev<rAnJthcgrant.rts).Wr thHR.>eIV25~ ~'1P.1~5eirxanJperwnal~ep~cumatives.do cmeiunl.ymt.bugain.,Od
.yrccioandwiihtheFmke(s), $eTheinandussigns.~h:4anhetinuofthecnualinganddeliveryofNeupmsen4s. tYleY dre 'k11
seixed uf the premius above conveyed, ha V egawd, surc,}+erfect. abwlu¢ and indefeuible esme a( inheriunce, in law. io ke timpk, aad
ha V e gaal righ6 full poxcr iJ authon~y ~o grane, bargein. uli anJ convry the same in manmr and [am u Jo~esaid. ud thal ~c suoe ae 4ee
and cleaz Imm alI fonner and utiwr ~ i nts, bargains, sales.licns. ~axes, swaxmrnts. <zumNences, u~d rtsuictionsolwha~cx~ Itiodat ~uturt woR
~x«P, qeneral taxea for the year 1987 and subsequent yaars;
The gru+ioRS) shall and will N'ARRAM AND FOREVER DEFEND Ihe abme-bugvned qcmius in ihe quiaand peauable,-..-.-...oft5e
~„~e:~, her hisheirsandusigns.againstallandrerypenonorpenonslawfullyclaimingiAewhotcormypan~hertoL
]N k'1TNF55 WHER80F, thc gnmor4l Fa V@ execumd ~is deeJ on Ihe dem c. '
Y/..r//`/ ~irn~ii~ - - _~_ ~ -
~Huq~ J. ~oster Rose oria ~ r
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~~ ~G~e~~7,br Jefferson B~
fanSPin~ in~liuqieaDa~ a[k+wa~Iedyed bcforc me 1Fis 28 th ~ry p( SU lY . 19 . ,
r .. .:
~idu.~,h'„7:'~'~aGer and Rose Gloria Foster. . ~
am~{.lu~~;+ Witnra. my h;iuJ:~J uflici~ u~ .;.."~,~h:
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" - -' ' - ' RECORDtltY iTA11P ~ I
~ARRANTYDEEDTOI~iTt7lANTS a 'w
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TlUS DEF-0 4. ~. e~.vo1 r W~ bwWhw ...:.W ~.ryn ~r
p~ ~ly~W ~~Vt l{ u~ ~~~ { M~yOiMd • ylv~flty ~1
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ll.n4t..4x.1+.~~hYJ.I1.sw~~~uwWw~u~Wr~W.~i1. .~~u ..~~
'~ i ~
•
~
~ m ' la
..a. ~u. SepCember 3. 1965 ~
,
, ~ _
1
sN..~. RAYMOND H. PETCA and IUTHLEEN E. PETU ,
i
~^°^•~~ HUCH J. FOSTER and R0.5E C. F0.5TER ,
II o..~«L
I~ ,e YI7NFSSEt}I.~LtLLeO~•~a.fr.d'u<a..J.a.LLe..fA....dta.blW.W~SnnMJLc..~IW~W~.
~.ip~ .tu.el 4.ebe.l.dp1.lY Joe p..ou Iw. fm. Wpl.. ull errq u1 c«1h~ uu urJ~uwe 1~
,~1 A~~W 1 C~I'v~~'ilMiy,~~vlW r~~t M~MI ~II~W 1~ tM Cwu1 d JlFEl~TMII
ii Tnat perc oF che W~. SE} NE} NW} Se<Cion 25, Tovnsh:• .. Caarn, tlange
~ 69 West known es and referr¢d to as parC o£ Lot 8, Comaay NeLphte~
'I more partfcularlV described as follows: 8egtaniug at Southweat
II mrner o£ safd Lot 8; [hence ~orCh 168 feet; thence Eas[ 140 £cet;
thence Sou[h 168 feet; thence Wesc 160 £eet to begLnning~being Che
~, premise: known as and numbered ]516-18 Jay Strea[.
i.
~:
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TOGESIIER viJ .II .d'.ApW 6. Lwdii....~ u~ .pu~uucu il.nw~ M4y4y, w 4~nW
•VMruldY.
70 HAVE AND TO HOt~ J. .~4 ...1 ~.p.rtr• ~~LL J~. ap~.n.auew. a. J~ ~r+r.. LL.le 4M .~i
..b• 1.....~. W V. pu~w. Ir 1P~.11. W ML.. ~~.e.iw. 1 d.6LU~~r. Ir e«~r~ u~~ ~ W J~
pw«..~aM4..J.•.Ip..J.~.~~.~wNJ•..+.~W /b11..~NWM~r~.w.Mb.r11u1r1N
J. p.t... J•n w.vrJ. b I.. .i.14..J W~d nd~. 1.11 p.n W 4.1.1 uJrd u wlt r~ arq W
.. I. ..~.. ul I.~..I....LL. ua LLx J+.w ~. M..1 s4u W.111..~r ~ Wn u. WyY~.
..L.. It.... ~.... u.«.r.u u1.w..Muo.. •f d.u.r lW r~nw..acrM W14~ T.wl~la ww
~. (11 ..U Y.r~Y V ~IJI~ il. ~LVled MY~I. ~ lw~I t m~ Idbwlq W ~u~ M VI~ MN. W Y
ubro••.~ Y.m..J .as.p J~ s.v.d ua b W o-rnr c.l.~~u Y.u~ bYdL luml ! uµ bW.bl W J.u
d Ut~ M~d,
ul J. q.r. \.rp6N p~d~~~ h ~b I~bi J p.<r~6 p.w.dr .1 LL~ Vu~.n. il.b \.u. ul wIp~
.R.W ~.11 u/ ..rp a.n.. r}n>• I..I.Iy dJ.l~{ > ~..I~b W N.L r uf }rt ~ln~A. W~u~r J~Y
..1 .111 idR8M11iT AND FOREVER OEFE2lD.
W Y'[iNFSS 1NEREOF J. auu~ \u \.n.n• «~ \I. \u/ W wl W LY ri ~.u fY. Mw .rWr.
U
. ~ . r-.~ . ~i~.f ~SUU
~fCIU
,-,rr~rcQr iv,uuo, Cicy and ~r W Denvar 1~r
~.,,•... v'..:,-.......«.,~~'~r
.:,t ~ ~•p~ ~.q(p~'~1.~~.~u«1~~~W~dMIww~W~ SeptemWr 7. 1965
~Ylri`gA~(xlryn'.N. Y6'M nnd 5:A1liLEEN E. YE7U
' ~% .+,^~~ yv~~ Novenber 14, 1968
:.z~;. , a~ ~. ,
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CITY OF WSEAT RIDGE -- MEMORANDUM
TO: Robert Middaugh, City Admiaietra~r'
FROM: Kathryn Schroeder, City Attorne~W
RE: Interpretation of Applicability of Charter Sec. 5-10
DATE: January 28, 1994
You asked for my legal opinion concerning whether or not the
protest procedure set forth in Section 5-10 of the City Charter
applies to a particular situation.
You asked for opinion concerning whether the protest procedure
applies where the action to be taken by the City Council consists
of the granting of a special use permit. Paragraph 1 of this
Section identifies certain actions of the City, including certain
land use actions, which must be accomplished by ordinance. The
land use actions for which an ordinance is required include those
actions which would constitute "...placing any burden upon or
limiting the use of private property." Clearly, this would include
the granting of a special use permit. The only conclusion to be
drawn from the language of this paragraph is that a special use
permit must be grant2d by ordinance.
Paragraphs 2 and 3 of this Section, however, are the
paragraphs crucial to the issue of which City actions are subject
to protest. Paragraph 2 states that:
The council shall have the power to amend, supplement,
change, or repeal the regulations, restrictions and
boundaries of zoning districts within the city. Such
changes shall be adopted by ordinance after a public
hearing at which parties in interest and citizens shall
have an opportunity to be heard. (emphasis added)
This paragraph identifies certain types of land use actions to
which the protest is applicable. It is my opinion that a protest
is applicable onl to these decisions because of the use of the
words "such changes" in both paragraph 2(see highlighted text,
above) and paragraph 3(the protest procedure paragraph), which
picks up and uses the exact language by stating that a protest
against "such changes" may be made. Thus, the only analysis
remaining is to determine whether the granting of special use
permit falls within the definition of "such actions" described in
paragraph 2 of this Section.
For the granting of a special use permit to be subject to a
protest, then, it must tit within the definition of an action to
"...amend, supplement, change or repeal the regulations,
restrictions and boundaries of zoniug districts..." {emphasis
added) It is my conclusion that the granting of special use permit
is not an amendment to, supplement to, change of, or repeal of the
reguZations, restrictions and boundaries of a zone district. It is
merely an amendment to, supplement to, or change of the regulations
and restrictions i.mposed upon a single parcel of property, not a
zone district. The underlying zone district itself is not affected
by the granting of a special use permit. If the broad language
used in paragraph 1 to descxibe which actions must be by ordinance
("...placing any burden upon or limiting the use of private
property") had been used in paragraph 2 to describe which actions
were subject to protest, I would conclude that the granting of a
special use permit would be subject to a protest. That languaqe
was not used, and the types of land use actions specified in
paragraph 2 as beinq subject to a protest were significantly
narrowed by the language of that paragraph.
If you have any questions or concerns about the contents of
this Memorandum, feel free to contact me at your convenience.
~ ~ ~
s'"
The City of
ADMINISTRATIVE PROCESS APPLICATION
~Wheat
~R id e Department of Planning and Development
g 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant ,,;„~ Fnrrvn Address 3536 Jav St. Phone 424-7485
3536 Jay S~. 4Z4-/4Y55
O~i~ner R~cP FnstPr/tvina Forcro Address 3441 Fenton St. Phone 238-2202
Location of request ~S~ti an~ 3536 Jav Street
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
^ Change of zone or zone conditions ~ Variance/Waiver
Site development plan approval ~ Noncon£orming use change
Special use permit = Flood glain special exception
Conditional use permit Ynterpretation o£ code
Temporary use/building permit ~ Zone line modification
Minor subdivision ~ Public Improvement Exception
Subdivision Street vacation
Preliminary _ Miscellaneous plat
8 Final Solid waste landfill/
^** See attaChed procedural guide minera2 extraction permit
for speci£ic requirements. ^ Other
Detailed Description of request Special Use Permit to amortize a non-
,.,,.,f,,,-m;,,,, prPCnhool/kipderaarten at 3536 Jay St. ana special use Permit
- ~p allow a dav care center at 3516 ~ay sLreeL
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, aptionee, etc.
NAME ADDRESS PHONE
- 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-law£ully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action on his behalf
Signature of Applicant /(//~i',~/ 7=~" ~~
Subscribed and sworn to me this ~da~of~'`~'1~~'(' 19 ~l~L
. ~~~~~~ ~`c~'~~;c~, ~
~ \ Notary Pui~lic
SEAL ~ 1t
My commission expires ~1-c7,y -G~
Date Received Receipt No. Case No.
J
a2-( ~ -`dY
~ ~
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before
the City oP Wheat Ridge Planninq Commission on February 17, 1994
at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado.
Ail interested citizens are invited to speak at the Public
Hearing or submit written comments. The foilowing petition shall
be heard: ~
1. case Nn, SiJP-94-1: An application by Nina Fargo and Rose
Foster for approval of a Special dJse Pe.rmit to allow a day
care center/kindergarten in a Residentiai-Twa zone distric~
with design variances for properties located at 3516 and 3536
Jay Street. Said parcels are legally desCribed as follows:
,~536 7av StreESt
That part of the west 1/2 of the Southeast 1/4 of the Northeast
1/4 of the Northwest 1/4 oP Section 25, Township 3 South, Range
69 West known as and re£erred to as part o£ Lots 8 and 9, Conway
Heights, more particuiarlq described as ~ollows:
Beginnizig at a point 168 feet north of the southwest corner of
said Lot 8; thence continuing north on west line of said Lot 8,
125.22 feet, more or iess to a point 139 feet south of nortli line
of said Lot 9; thenCe east and parallel to said Lot 9, 125.67
£eet to a point 100 feet west of east line o£ said Lot 9, thenc.e
south and parallei to east line o£ said Lots S and 9, 125.22 feet
to a point 168 feet north o£ south li.ne of said Lot 8; thence
west 125.67 £eet to point of beginning, County of Jefferson,
State of Colorado.
3516 Jav Street
That part of the W 1/2 SE 1/4 NE 1/4 NW 1/4 Section 25, Township
3 South, Range 69 West, known as and referred to as part of Lot
8, Conway Heights, more particularly described as £ollows:
Beginning at the southwest
145.5 £eet; thence east 14
west 140 feet to the point
State of Colorado.
ATTEST:
Wanda Sang, City Clerk
corner o£ said Lot 8; thence north
J feet; thence south 145.5 feet; thence
of beginning, County of Je£P rson,
c .
Sandra Wiggins, S~tary
To be Published: February 1, 1994
Wheat Ridge Sentinel
<pc>pnsup941
1
~
~
~..~_~%~ - TELEPHONE:303/237-6944
7~ID CE~S'tf 2~7fIM Ap~I4llE .~FilEF~B RIDGE. COLORADO 80034
~~~~ z~, ~.99~
This is to 3nform you that Case No.
request for ~pDroval of a svecial use uermit to allow a flav care/
k+ndergaiten ~n an R-2 zone district
for p~op~,a:.Y located at 351h and 353h Jav Street
n,e c;ry of
~Wheat
~Ridge
suz~-9a-i.
which is a
will be heard by,
the Wheat Ridge piannin~ Cnmmission in the Council Chambers
of the Municipal Complesc, 7500 t~lest 29th Avenue at 7:30 D.m_ ,
on Februarv 17. 1994
A11 owners and/or their legai counsei of the parcei under
consideration must be present at this hearing before the
Dlanninrt f'n~pmiaaiAn .
As an area resident or interested party, you have the right to
~ttend this Pubiic Hearing and/or submit written comments. it
shali be the a~plicant's reapons3bility to notify any other
persons whose presence is desired at this meeting.
If you have any guestions or desire to review any plans, please
contact the Pianning Division. Thank you.
PLANNING DIVISIOIJ
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Planning Commission Minutes
February 17, 1994
Page 7
will be processed through the Boasd of Adjustment as a normal
procedure. Proposed building envelopes and the HumVee track
should be indicated on the site plan and assurances made that
erosion will be controlled within the site.
Commissioner CRUMPTON seconded the motion. Motion carried 6-0.
I ~ 3. Case No_ Si7P-94-1:, An application by Nina Forgo and
Rose Foster for approval of a Special Use Permit to
allow a day care center/kindergarten in a Residential-
Two zone district with design variances £or properties
iocated at 3516 and 3536 Jay Street.
Ms. Reckert had copied additional pieces o£ correspondence which
~ were provided to Commission. Included were letters of p.rotest
from four adjacent property owners; a neighborhood input meeting
roster, plus a letter £rom Jefferson County Social Services. She
also provided copies o£ "Pre£erred Conditions of Approval" to
Commission. Ms. Reckert then presented the sta£f report.
Commissioner CERVENY requested that the two requests be
considered separately in this case. The request at 3536 Jay
Street would be heard first, keeping testimony separate for each
address/request.
Ms. Reckert noted that some o£ the attached exhibits include both
properties. She agreed to proceed, keeping the requests
separate.
Chairperson RASPLICKA noted that correspondence £rom Ms. and Mr.
Faes was addressed to City Council not to Planning Commission.
He wondered if Commission should see this item.
Commissioner CERVENY asked about the number of available parking
spaces versus the number desirable.
Ms. Reckert noted that unless the applicant would wish to greatly
expand the facility, the City cannot require the applicant to
meet required parking regulations on the existing site. She
pointed out the area on site where additional parking could be
added. "
Commissioner LANGDON asked for some clariPication regarding the
case.
Ms. Reckert explained that the existing day care center was a
legal nonconforming use, since it had been in existence prior to
the City's incorporation. I£ the applicant does not receive
approval of a Special Use Permit, they would fall under the
"Grand£ather Clause" and must cease opeTation in the year 2000.
Nina Forao, 890 South St. Paul, Denver, was sworn in. Ms. Forgo
stated she was applying for a Special Use Permit to bring her day
Planning Commission Minutes
February 17, 1994
Page 8
care center into compliance prior to the year 2000. She stated
she agreed to adding an asphalt parking area on the north side in
order to provide additional parking to the site.
Chairperson RASPLICKA asked then, i£ Ms. Forgo could provide ten
of.the 11 required parking spaces.
Me_ Ft~r.Crq answered yes. Referencing Exhibit~'D', Ms. Forgo
stated that she preferred the additional parking north of the
building, since she did not want to reduce the amount o£ grassed
area £or the children. She added that an additional parking
space could be added south o£ the existing parking pad.
Ms. Reckert stated that would cut into the adjacent property and
would not be advisable.
Commissioner LANGDON asked Mr. Gidley if ten parking spaces was
adequate or, i£ applicant must provide the required number.
Mr. Gidley answered since there is an existing nonconforming
situation, if Commission grants the Special Use Permit, they
would be accepting the situation as it currently exists. The
Special Use Permit is for the use, it is not a variance to
development standards. He £eit it was not a problem.
Chairperson RASPLICKA noted to those present that many had signed
the roster to speak. He reiterated that only comments regarding
the existing facility, 3536 Jay street would be heard at this
time. The second part of this request (3516 Jay Street) would be
discussed £ollowing Commission's recommendation for 3536 Jay
Street. He requested that comments be brief and not repetitive.
~Pr.atd;.na Faes, 6205 West 35th Avenue was sworn in. Ms. Faes
pointed out her residence, which was constructed 12 years ago.
She read prepared comments into the record and spoke in
opposition to the day care center. Her concerns were inadequate
parking spaces and that drivers had to back out onto the street.
Chairperson RASPLICKA asked i£ the day care center had changed
since Ms. Faes had moved into the neighborhood.
Ms. Faes stated the center had changed. Traffic had increased
signi£icantly and parking occurs on both sides of Jay Street,
which is quite narrow. She had concern for the safety o£
children catching a school bus.
Commissioner ECKHARDT asked Ms. Faes how she gets out of her
garage.
Ms. Fae~ stated she must back out onto West 35th Avenue.
Plann3ng Commission Minutes Page 9
February 17, 1994
Commissioner ECKHARDT stated that backing onto the street across
the sidewalk is common.
Ms. Faes noted that many more vehicles were 3nvolved at the day
care center.
Chairperson RASPLICKA asked that individuals wanting to speak
limit their comments to three minutes.
~b~ections were heard £rom the audience.
Chairperson RASPLICKA explained that Commission is within their
rules of order to limit speaking time. He apologized for not
announcing the limitation before Ms. Faes spoke.
Several individuals agreed to relinquish their three-minute time
period to another.
Paul Lohne, 6154 West 35th Avenue was_sworn in. Mr. Lohne stated
he was speaking also for his father, Mr. Einar Lohne. Mr: Lohne
stated his £ather had been a resident for 50 years and that he
had been raised at that location. Mr. Lohne spoke in opposition
to the day care center. His main concern was noise.
suaan seed~, 6147 West 35th Avenue was sworn in. Ms. Seeds read
a prepared statement into the record. She and others disagreed
with staff's comments regarding the criteria for a special use
permit. Ms. Seeds Pelt that a Special Use Permit should not be
granted without,placement of conditions. Her main concerns were
excessive noise and incompatibility with the neighborhood.
Chairperson RASPLICKA asked Ms. Seeds how long she had resided in
the area.
Me. See~ answered 8 years.
Chairperson RASPLICKA asked if the day care center had changed
since she moved there.
MR_ saeds stated the no3se has always been a problem. She added
that the traffic had increased.
Commissioner LANGDON asked Ms. Seeds if the traffic was a problem
all day or a 25-30 minute problem morning and evening.
Ms. seP~s stated she observed the traffic patterns £rom 6:00 a.m.
to 7:45 a.m. She noted that between 6:00 a.m. and 7:00 a.m. the
traffic she observed was not necessarily day care-generated.
Both neighborhood traffic and day care tra£fic was present. She
stated that the heavy day care tra££ic occurred after 7:20 a.m.
Those individuals made U-turns and parked on the wrong side of
the street.
Planning Comm3ssion Minutes Page 10
February 17, 1994
Kathryn Fiei~, 7790 West 41st Avenue was sworn in. Ms. Field
stated she and her husband previously had attended the day care
center. A£ter searching Por day care £or their child, they have
enrolled their child in the center. She stated she feels the
center is £illing a needed service to the neighborhood.
Ru«h Fnster, 3516/18 Jay Street was sworn in. He identified
himself and his wife as the previous owners/operators of the
Wheat Ridge Day Care Center. Mr. Foster stated never in the 30+
years they ran the center had they received complaints about
noise.
i,~nev Kgmo, 6115 Utica Street was sworn in. Ms. Kemp felt the
day care center served a need in the community. She stated she
had attended as a chiid, she had worked at the center and now
both her sons attend the day care center. Ms. Kemp added that
while she was looking £or day care, she went to several centers
and found them to have more than 60 students and all were located
in residential areas.
MiehallQ Clement~, 7245 West 13th Avenue was sworn in. Ms.
Clements spoke about the advantages of keeping day care centers
in a residential neighborhood. `
Patrick Rr.ur_e, 2620 Nawland Street was sworn in. Mr. Bruce
stated his son is currently enrolled in Wheat Ridge Day Care
Center. He added that he and his wife would like to enroll their
4-month-old son in the infant and toddler program. He is happy
with the center because of the "homey, yet cosmopolitan"
atmosphere and the integrity and accountability of the center.
He was impressed that the center was involved in the community.
xPn r~amkin, 6147 West 35th Avenue was sworn in. Mr. Lamkin noted
that the individuals who had testified in favor of the day care
center did not reside in the immediate neighborhood. He added
that a prerequisite for granting a Special Use Permit was a
proven public need. He felt this had not been accomplished.
Commissioner LANGDON asked how long Mr. Lamkin had resided in the
neighborhood.
Mr_ Lamkin answered eight years.
Nina Fnrqn noted that the Wheat Ridge Day Care Center was
licensed £or 57 children; however the daily average lunch
attendance is 40. She showed on the overhead projector homes
within a one-mile radius served by the day care center. Ms.
Forgo stated that choice was important for parents with young
children. 5he reiterated that she had received no complaints
from the neighborhood regarding any o£ these concerns voiced
tonight, including comments made at a neighborhood input meeting
held in May o£ 1993 (2 neighbors attended) another in February,
Planning Commission Minutes Page il
February 17, 1994
19.94 (6 neighbors in opposition). In order to address ma~or
concerns; traffic, noise and change of character, the parking lot
was placed along West 35th Avenue. A committee of neighbors was
to be £ormed to address safety and traf£ic issues. Traf£ic
studies done by the Public Works Department were not yet
available.
KPn Lamkin stated that neighbors received no flyer for the
neighborhood input meating of January 31, 1994. He added that
the summary of the meeting was filled with inaccuracies. Mr.
Lamkin felt that young £amilies were somehow able to £ind day
care and that this center was not needed.
Chairperson RASPLICKA asked Mr. Lamkin i£ he had small children.
Mr r.amki.n stated when he moved into the neighborhood seven years
ago he had a five-year-old child. He chose to make other
arrangements.
Chairperson RASPLICKA stated that things do change and asked Mr.
Lamkin if had recently looked for child care.
Mr. Lamkin felt there was a relative balance between the need and
availability of day care.
Commissioner LANGDON asked Mr. Lamkin asked if the noise and
traffic had increased since he moved in seven years ago.
Mr_ r,amkin stated he leaves early morning and returns late in the
evening, except one day weekly.
Commissioner LANGDON asked if he had made complaints regarding
traffic and noise problems, or was the current faciiity a
problem?
Mr. r,amk3.n stated he was not pleased that a day care center
existed in the neighborhood when he purchased his home. He
accepted it because he believed there was nothing he could do
about it. He is now concerned that the applicant is wanting to
eniarge the facility.
Commissioner LANGDON reiterated an experience he had with a piece
of property he purchased.
Mr_ Lamkin stated he felt too many children were being cared £or
on the property. He thought the center should be down-sized.
Commissioner LANGDON stated he had driven past the property and
was able to see that it was a day care center only by the sign
and vehicles parked there. He noted no traf£ic problems at that
time, nor any children present.
Planning Commission Minutes
February 17, 1994
Page 12
Mr._ Tam~ noted that the ma~ority of the problems occur during
the warm months of the year.
Chairperson RASPLICKA informed those present that discussion
would be closed at this time regarding 3536 Jay Street.
Commissioner CERVENY moved that Case No. SUP-94-1, an application
by Nina Forgo for approval of a Special Use Permit to allow a day
care center/kindergarten in a Residential-Two zone distr3ct with
design variances for property located at 3536 Jay Street be
forwarded to City Council with a recommendation for Approval for
the following reasons:
1. The property is within the City of Wheat Ridge and all
posting and notification requirements have been met,
there£ore, there is ~urisdiction to hear this case.
2. Staff concludes that the existing facility has been in
operation for almost 40 years and approval of the Special Use
Permit will bring a legal nonconforming use into compliance.
3. The criteria used to evaluate a Special Use Permit supports
this request.
With the £ollowing conditions:
1. The Special Use Permit be granted to the Wheat Ridge
preschool and Kindergarten (3536 Jay Street) under the
ownership and operation o£ Nina Forgo.
2. The Special Use Permit be amended to a day care center for
up to 45 preschool children and kindergarteners.
3. Use of the property shall be in accordance with Exhibit 'D'.
4. Exhibit 'D' be amended to show an asphalt pull-off along the
north side of the structure (West 35th Place).
Commissioner JOHNSON seconded the motion.
A brie£ recess was called at 10:00 p.m.
10:10 p.m.
3516 Jav Street
Ms. Reckert presented the staff report.
Motion carried 6-0.
Meeting reconvened at
Commissioner CERVENY asked what would be the maximum vehicle
traf£ic for a local street.
Ms. Reckert stated the maximum number is 2,000 vehicles. The
traffic counts taken were under 1,000 vehicles.
Commissioner LANGDON asked if the view of the site projected
overhead showed a ditch?
Ms. Reckert stated yes, a ditch goes through the property.
Planning Commission Minutes Page i3
February 17, 1994
Commissioner LANGDON asked about previous discussions Commission
had regarding this ditch.
Ms. Reckert stated that previ'ously discussion had been heard
about a parking lot o£f West 35th Avenue, with a bridge crossing
the ditch. The idea was not popular.
Commissioner LANGDON asked'about safety problems involving the
ditch.
Ms. Reckert answered Ms. Forgo would be required to fence the
ditch.
Commissioner JOHNSON asked if it would be possible to utilize the
parking lot (one way only) for loading and unloading purposes.
Ms. Reckert stated that was the intent.
Commissioner ECKHARDT asked if parking could be limited to West
35th Avenue and riot allow parking on Jay Street.
Ms. Reckert stated Staff had suggested that originally. That
plan was not favored.
Commissioner CERVENY asked if the Special Use Permit is granted,
would it be issued on the land, or to the applicant.
Ms. Reckert answered it would be issued to the applicant.
Commissioner CERVENY asked what would happen if another
individual purchased the property.
Ms. Reckert stated the new applicant would have to go through the
same process. The Special Use Permit could transfer only through
inheritance.
Ni.na Fnrao had an transparency overlay showing those property
owners who agree with the expansion. She noted that those in
£avor equal those opposed. Ms. Forgo stated that the facility is
not a blight,to the area, but rather an asset, as property values
are increasing.
Comm3ssioner JOHNSON asked the age o£ the children in the
proposed expansion.
Ms. Forao stated from six weeks to 30 months old.
Commissioner JOHNSON asked how much they would be outdoors.
Ms. Fnrao answered they cannot withstand wind, extreme
temperatures or extreme sun. Their time outside is very limited.
Planning Commission Minutes Page 14
February 17, 1994
Commissioner JOHNSON asked about additional noise.
Mc. FnrrtQ stated there would be some additional no3se, but
minimal.
Commissioner CERVENY asked Ms. Forgo about her conclusion
regarding Exhibits 4 and 5.
Ms_ Foraq stated that a parent of an infant or toddler couid get
into the facility faster and easier if she/he didn't have to
cross a bridge and playground area to do so. She would like to
retain the triangular piece of property as a horse pasture, iP
possible.
Chairperson RASPLICKA asked speakers for brevity in their
comments.
xath~n Fial~ stated she had a son attending the day care center,
but also has two infants she would like to enroll in the
infant/toddler program. She noted that it is extremely difficult
to find day care for two children under two years of age. Ms.
Field was one of several who would have more than one child
attending the £acility, thereby cutting down on traf£ic. She
felt this facility, which she trusts, would meet a proven need.
Huah Foatar noted that the average tenure of the teachers at the
day care center was 11 or 12 years and some had been there for as
long as 16 or 17 years. Jefferson County Schools had praised the
day care center for preparing the students so weli for first
grade. .
Geraidine Faes asked Ms. Reckert to advance to the slide showing
her home. She pointed out large trees she thought would have to
be removed, due to poor visibility. Ms. Faes was concerned about
the lack of parking on this site, and felt this would create
safety problems.
Commissioner CERVENY asked Ms. Reckert to address parking on the
parcel.
Ms. Reckert stated she had used the numbers provid'ed to her. At
Planning Commission the number was changed - 45 and 35. She
explained. Ms. Reckert stated that 11 parking spaces would be
required. She showed where an additional space could be gained.
Ms. Fae~ stated that according to Sociai Services, babies require
one staff inember per five children, requiring seven staPf. She
was concerned that the size of parking spaces was not adequate.
Connie Burkenile, 6285 West 35th Avenue was sworn in. Ms.
Burkepile stated she has lived at her present residence for nine
years and does not work out of the home. She was concerned about
Planning Commission Minutes
February 17, 1994
Page 15
increased traf£ic and noise. She opposes the expansion. She
voiced concern about the intersection at 35th Avenue and Jay
Street.
,7ames nuaaan,, 6138 West 35th Avenue was sworn in. Mr. Duggan
stated he had lived in the neighborhood for 42 years. He
questioned the tra£fic count taken recently. He opposed the
expansion due to increased traff3c problems and noise.
Terome F~.ac~n~.te, 6130 West 35th Avenue was sworn in. Mr.
Flageolle spoke in opposition to the expansion as he felt it
would be detrimental to the neighborhood.
Commissioner LANGDON clari£ied his previous comment regarding his
past purchase of a parcel o£ land.
James Faes, 6215 West 35th Avenue was sworn in. Mr. Faes opposed
the proposed expansion. He stated he lived across tha street and
was concerned about decreasing property value and inadequate
parking facilities. FIe £elt a precedent would be set should the
Special Use Permit be approved. He has not experienced a
shortage in day care centers.
Commissioner ECKHARDT asked about the "Faes Exhibit" regarding
3516 Jay Street landscaping.
Mr_ Faes stated it was probably prepared by his brother and he
had no knowledge of it.
Commissioner LANGDON asked where Mr. Faes found day care - in a
commercial or residential area? How large is the day care
center?
Mr. Fae~ answered his older son attends public school. His
younger son attends preschool at Sts. Peter and Paul. Mr. Faes
was most concerned about "nearly doubling" the size of the day
care center.
Susan Seeds noted that the petitions she gathered were signed by
those individuals directiy affected by the preschool. She stated
she was concerned that the current noise level will double. Ms.
Seeds disagreed with sta£f's comments regarding the criteria to _
support a Special Use Permit. She was concerned about the safety
of individuals entering and exiting the proposed day care center.
She read from a prepared statement.
Nina ForaQ responded to the concerns oP those speaking in
opposition. She reiterated she runs a sa£e operation, and passed
around information regarding safety and sanitation for day care
centers. Ms. Forgo pointed out that part of the increased
traffic in the area was individuals attending classes and
programs at the Wheat Ridge Community Center. She reminded
Planning Commiss3on Minutes Page 16
February 17, 1994
those present that the day cara center operates weekdays only
£rom 7:00 a.m to 6:00 p.m. The center is not open on holidays.
Ms. Forgo stated that if problems exist, she needs to be aware of
them, otherwise change cannot be made. She has tried to comply,
when possible, with neighbors' desires.
Commissioner JOHNSON asked how many bedrooms were in the duplex
located on the site?
Ms_ Forao stated there were six bedrooms.
,7ames Fa~~ was chosen to respond for those in opposition. Mr.
Faes reiterated the concerns of the neighborhood and urged
Commission to deny this request.
Commissioner JOHNSON asked Mr. Faes if he wouid pre£er the duplex
being rented to families with £ive or six children, possibly some
of them teenagers with multiple cars coming and going?
Mr_ FaPG thought Commissioner JOHNSON's scenario was "far
fetched". He stated the residents were trying to protect their
neighborhood from further impact. He realized such a situation
was possible and said the neighbors would deal with the problem
i£ it existed.
Commissioner CERVENY moved that Case No. SUP-94-1, a request £or
a Special Use Permit to allow expansion of a day care center at
3516 Jay Street be Denied £or the £oilowing reasons:
1. A day care center already exists in the neighborhood;
2. Neighbors do not wish an additional Special Use Permit to
be granted; and
3. There has been no supporting testimony from other neighbors
in £avor of the Special Use Permit.
Motion failed for lack of a second.
Commissioner ECKHARDT moved that Case No. SUP-94-1, an request
for a Special Use Permit to allow expansion of a day care center
in an R-2 zone district Eor property located at 3516 Jay Street
be Approved £or the £ollowing reasons:
1. The criteria used to evaluate a Special Use Permit supports
approval; and
2. It is determined that the benefits to the community outweigh
the potential minor impacts to the neighborhood.
With the £ollowing conditions:
l. The Special Use Pesmit be granted to the Wheat Ridge
Preschool and Kindergarten at 3516 Jay Street under the
ownership and operation of Nina Forgo;
Planning Commission Minutes
February 17, 1994
Page 17
2.. The Special Use Permit be limited to a day care center for up
to 35 infants and toddlers;
3. The use of the property should be in con£ormance with Exhibit
'E' o£ sta££'s comments;
4. Visibility at the intersection of West 35th Avenue and Jay
Street be improved as per Public Works Department request;
5. Curb, gutter and sidewalk be required to be constructed along
Jay street with the change of use;
6. A landscape buffer that does not violate sight distance
triangle standards yet provides a dense buf£er be placed
between the parking area and Jay Street. This landscaping
could include trees, shrubs, possible berming, etc.; and
7. The proposed parking lot be asphalt as required by City
standards.
Commissioner JOHNSON seconded the motion. Commissioner JOHNSON
asked i£ a separate motion would be required £or the requested
parking lot variance.
Mr. Gidley stated it could be mentioned in the motion/resolution,
however, a separate motion should be made stating the reasons for
denial.
Motion carried 5-1, with Commissioner CERVENY voting no.
~ Commissioner ECKHARDT moved that the request for a variance to
the paving standards £or Case No. SUP-94-1 be denied for the
~ following reasons:
.,
' 1. Asphalt will limit the dust and noise generated and,is
required by City standards.
~ Commissioner JOHNSON seconded the motion. Motion carried 6-0.
8. CLOSE THE PUBLIC HEARING
9. OLD BUSINESS
A. Wheat Ridge Town Center -'Design Guidelines
Commissioner CERVENY moved that discussion regarding the Wheat
Ridge Town Center - Design Guidelines be continued to our next
meeting, March 3, 1994. Commissioner JOHNSON seconded the
motion. Motion carried 6-0.
10. NEW BUSINESS
11. DISCUSSION AND DECISION ITEMS
12. COMMITTEE & DEPARTMENT REPORTS
Plann3ng Commlssion Minutes
February 17, 1994
13. AIIJOURNMENT
There being no further business,
ad,journmerit. Commission JOIiNSO
carried 6-0. Meeting ad~ourned
Page 18
Commissioner LANGDON moved for
N seconded the motion. Motion
at 11:57 p.m.
Sandra Wiggins, Secretary
PUBLIC HEARIHG SPEAKER3~ LIST
CASE N0: ~rtp-qa_i DATES Feb_ 17. 7994
REqtlEST: An application by Nina Forgo and Rose Foster for approval
of a Special Use Permit to a11ow a day care center/ ~
kindergarten in a Residential-Two zone district with design
variances for properties located at 3516 and 3536 Jay Street.
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CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE NO: SUP-94-1 LOCATION: 3516 Jay Street
APPLICANT(S) NAME: Nina Forgo
OWNER(S) NAME: Same.
REgUEST: Spe,cial Use Permit to allow expansion o£
day care center in a Residential-Two zona
district
APPROXIMATE AREA: 15,785 square feet
WHEREAS, the City o£ Wheat Ridge Planning Division has submitted
a list of factors to be considered with the above request, and
said list o£ £actors is attached hereto and incorporated herein
by reference, and made a part hereof; and
WHEREAS, there was testimony received at a public hearing heard
by the Planning Commission and such testimony provided additional
facts.
NOW, THEREFORE, based upon the facts presented and conclusions
reached, it was moved by Commissioner ECKHARDT seconded by
Commissioner JOHNSON, that the request be forwarded to City
Council with a recommendation for Approval for the following
reasons:
1. The criteria used to evaiuate a Special Use Permit supports
this request; and
2. It is determined that the benefits to the community outweigh
the potential minor impacts to the neighborhood.
With the following conditions:
1. The Special Use Permit be granted to the Wheat Ridge
' preschool and kindergarten (3516 Jay Street) under the
ownership o£ Nina Forgo.
2. The Special Use Permit be limited to a day care center £or
up to 35 in£ants and toddlers.
3. Use of the property shall be in accordance with Exhibit 'E'.
4. Visibility at.the intersection at Jay Street and West 35th
Avenue be improved as per Public Works Department request.
5. Curb, gutter and sidewalk be required to be constructed along
Jay Street with the change in use.
6. A landscape buffer that does not violate sight distance
triangle standards, yet provides a dense buffer be placed
between the parking area and Jay Street. This landscaping
couid inciude trees,-shrubs, possible berming,,etc.
7. The proposed parking lot be asphalt, as required by City
standards.
Certi£icate o£ Resolution Page 2
Case No. SUP-94-1
VOTE: YES: Eckhardt, Rasplicka, Langdon, Crumpton
and Johnson
NO: Cerveny
I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning
Commission, do hereby and herewith certify that the foregoing
Resolution was duly adopted by a~-i vote of the members
present at their regular meeting held in the Council Chambers of
the Municipal Building, Wheat Ridge, Colorado, on the 17th day of
February, 1994.
Jay Rasplicka, Chairperson
WHEAT RIDGE PLANNING COPM~IISSION
Sandra Wiggins, Secretary
WHEAT RIDGE PLANNING COMMISSION
<pc>resosup941b
CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING CONID'lISSION
CASE NO: SUP-94-1 LOCATION: 3516 Jay Street
APPLICANT(S) NAME: Nina Forgo
OWNER(S) NAME: S3me.
REQUEST: Special Use Permit w/variance to allow
gravel parking lot when asphalt required
APPRORIMATE AREA: 15,785 square feet
WHEREAS, the City of Wheat Ridge Planning Division has submitted
a list of factors to be considered with the above request, and
said list of factors is attached hereto and incorporated herein
by reference, and made a part hereof; and
WHEREAS, there was testimony received at a public hearing heard
by the Piann3ng Commission and such testimon~ provided additional
£acts.
NOW, THEREFORE, based upon the facts presented and conclusions
reached, it was moved by Commissioner ECKHARDT seconded by
Commissioner JOHNSON, that the request be £orwarded to City
Gouncil with a recommendation for Denial for the following
reasons:
Paving the parking lot will iimit the dust and noise
generated and is required by City standards.
VOTE: YES: Eckhardt, Rasplicka, Cerveny, Langdon,
Crumpton and Johnson
NO: None
I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning
Commission, do hereby and herewith certify that the foregoing
Resolution w8s duly adopted by a 6-0 vote of the members
present at their regular meeting held in the Council Chambers of
the Municipal Building, Wheat Ridge, Colorado, on the 17th day of
February, 1994.
Jay Rasplicka, Chairperson
WHEAT RIDGE PLANNING COMMISSION
Sandra Wiggins, Secretary
WHEAT RIDGE PLANNING COMM.
<pc>resosup941c
CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE NO: SUP-94-1
APPLICANT(S) NAME:
OWNER(S) NAME:
REQUEST:
APPROXIMATE AREA:
LOCATION: 3536 Jay Street
Nina Forgo
Same.
Speciai Use Permit to allow a day care
center in a Residential-Two zone district
20,400 square feet
WHEREAS, the City of Wheat Ridge Planning Division has submitted
a list of factors to be considered with the above request, and
said list of £actors is attached hereto and incorporated herein
by reference, and made a part hereof; and
WHEREAS, there was testimony received at a public hearing heard
by the Planning Commission and such testimony provided additional
facts.
NOW, THEREFORE, based upon the facts presented and conclusions
reached, it was moved by Commissioner CERVENY seconded by
Commissioner JOHNSON, that the request be forwarded to City
Council with a recommendation for Approval for the following
reasons:
1. The property is within the City of Wheat Ridge and all
posting and notification requirements have been met,
therefore, there is ~urisdiction to hear this case.
2. Sta£f concludes that the existing facility has been in
operation for almost 40 years and approval of the Special Use
Permit will bring a legal nonconforming use into compliance.
3. The criteria used to evaluate a Special Use Permit supports
this request.
With the following cond3tions:
1. The Special Use Permit be granted to the Wheat Ridge
preschool and Kindergarten (3536 Jay Street) under the
ownership of Nina Forgo.
2. The Special Use Permit be amended to a day care center for
up to 45 preschool children and kindergarteners.
3. Use of the property shall be in accordance with Exhibit 'D'.
4. Exhibit 'D' be amended to show an asphalt pull-off along the
north side of the structure (West 35th Place).
VOTE: YES: Eckhardt, Rasplicka, Cerveny, Langdon,
Crumpton and Johnson
NO: None
Certificate of Resolution
Case No. SUP-94-1a
Page 2~
I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning
Commission, do hereby and herewith certify that the foregoing
Resolution was duly adopted by a 6-0 vote of the members
present at their regular meeting held in the Council Chambers of
the Municipal Building, Wheat Ridge, Colorado, on the 17th day of
February, 1994.
Jay Rasplicka, Chairperson Sandra Wiggins, Secretary
WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNING COMMISSION
<pc>resosup941a
~ ~ ~
M E M O R A N D U M
TO: City Council
FROM: ~eredith Reckert, Planner
RE: Case No. SUP-94-1
DATE: February 9, 1994
Please be advised that the public hearing for Case No. SUP-94-1
will not be heid on February 14, 1994 due to a publication
problem.
The public hearing should be continued until February 28, 1994.
MR:slW
~-l ~f `t`~l
_~ ~
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before
the City of Wheat Ridge City Council on February 14, 1994 at 7:00 _-
p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All
interested citizens are invited to speak at the Public Hearing or
submit written comments. The following petitions shall be heard:
1. Casa No. w7-93-10: An application by'Drake Contractors,
Inc., for approval of an amended final development plan for
property located at 5190 Parfet Street, originally approved
as Case No. WZ-92-5. Said property is legally described as
follows:
THAT PART OF THE NE 1/4 SW 1/4 OF SECTION 16,, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; LOCATED IN THE CITY
OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, AND
DESCRIBED AS.FOLLOWS:
COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 16, TOWNSHIP 3
SOUTH, RANGE 69 WEST OF THE 6TH P.M., THENCE NORTH 00~ 00' 00"
EAST, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16, A
DISTANCE OF 2542.75' TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF THE BURLINGTON-NORTHERN RAILROAD R.O.W.; THENCE S 74° 48'
48" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 20.72
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 74~ 48'
40" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 526.73
FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF PARFET STREET,; AND
PARALLEL TO THE SAID NQRTH-SOUTH CENTERLINE OF SECTION 16, A
DISTANCE OF 170.50 FEET; THENCE N 74~ 48' 40" E, PARALLEL TO SAID
SOUTHERLY RAILROAD R.O.W., A DISTANCE OF 526.73 FEET, THENCE N
00~ 00' 00" E PARALLEL TO SAID NORTH-SOUTH CENTERLINE OF SECTION
16, A DISTANCE OF 170.50 FEET TO SAID TRUE POINT OF BEGINNING.
2. Case No. Wz-93-9: An application by Heinz Silz for approval
o£ site design variances as part o£ a site plan for
development within the Fruitdale Valley Master Plan for
property located at 4425 Tabor Street. The variances will be
considered concurrently with a zoning case. Said property is
legally described as follows:
That part of Lots 9 and 10, Lee's Subdivision described as
follows:
Beginning at a point on the east line o£ lot ten (10), 198 £eet
north o£ the southeast corner, thence 210 £eet west, thence 132
feet north, thence 210 feet east, thence 132 feet south to the
point of beginning; except that part of Lot 10 described in deed
recorded under reception No. 89042285.
And beginning at the southeast corner of Lot nine (9), thence 210
west, thence 66 feet north, thence 210 feet east, thence 66 feet
f ~ ~
south to the point o£ beginning, County of Je£ferson, State of
Colorado.
3. CasP t~r~_ sii?-94-1: An application by Nina Forgo and Rose
Foster for approvai o£ site design variances as part of a
site plan for development. The variances will be considered
concurrently with a special use permit case. The properties
are located at 3516 and 3536 Jay Street and are legaily
described as follows:
3536 Jav Street
That part of the west 1/2 of the Southeast 1/4 0£ the Northeast
1/4 of the Northwest 1/4 of Section 25, Township 3 South, Range
69 West known as and re~erred to as part of Lots 8 and 9, Conway
He3ghts, more particularly described as £ollows:
Beginning at a point 168 £eet north of the southwest corner of
said Lot 8; thence continuing north on west line o£ said Lot 8,
125.22 feet, more or less to a point 139 feet south o£ north line
of said Lot 9; thence east and parallel to sa3d Lot 9, 125.67
£eet to a point 100 feet west o£ east line of said Lot 9, thence
south and parallel to east line o£ said Lots 8 and 9, 125.22 feet
to a point 168 £eet north of south line of said Lot 8; thence
west 125.67 feet to point of beginning, County of Jefferson,
State of Colorado.
~.~,'I Fi Tav Strp~~
That part of the W 1/2 SE 1/4 NE 1/4 NW 1/4 Section 25, Township
3 South, Range 69 West, known as and referred to as part of Lot
8, Conway Heights, more particularly described as follows:
Beginning at the southwest corner o£ said Lot 8; thence north
145.5 feet; thence east 140 feet; thence south 145.5 £eet; thence
west 140 feet to the point of beginning, County of Jef£erson,
State of Colorado.
ATTEST:
Wanda Sang, City Clerk
~ _
~\~ • ~
°~~~.~ l ~
Sandra Wiggins,% retary
To be Published: January 18, 1994
Wheat Ridge Sentinel
<pc>pnwz9310/wz939/sup941
a
7500 WEST 29TH AVENUE
P.O. BOX 638
WHEAT RIDGE. CO 80034-0638
City Admin. Fax ; 234~5924
February 14, 1994
(303)234-590C
Police Dept. Fax # 235-2949
The City of
~Wheat
~Ridge
This is to inform you that Case No. SUP-94-1 which is a
request for approval of a sner.ia7
center/kindercrarten in an R-~ ~nna
for property located at 35~ti an~
the Wheat Ridge ('ii-v C'rninnil
of the Municipal Complex, 7500 We;
71RP t~PYmi1- i-n ~lln~~rl~LL' ~e
~;~+,-;~+ .
~F~ti ,TaY c~,-oo+
will be heard by
in the Council Chambers
t 29th Avenue at 7:00 p.m. ,
on FPbru.arv 28. 199d • ~ _ .
Ali owners and/or their legal counsel of the parcel under
consideration muGt be present at this hearing before the
Citv Council. •
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments. It
shall be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
I£ you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
<pc>phnoticeform'
c, ~
3 4 l
Dear Ad~acent Property Owner:
i£ you have reoeived this notice, you reside or own property
adjacent to a property involved in a land use case being
processed by the City o£ Wheat Ridge.
This notice is intended to inform you of the process involved in
land use development applications.
Prior to application £or rezoning or special use permit, the
developer is.responsible £or_holding an informal neighborhood
meeting. The purpose o£ the meeting is'to provide the
opportunity for citizens to become aware of a_proposed
development in their neighborhoo.d and to allow the developer to
respond to citizen concerns in the design of their project. All
residents within 600 feet aze tequired to be noti£ied oP the
meeting.
A staf£ planner will attend the meeting to discuss City policy
and regulations and the process involved, however, the planner
will remain impartial regarding viability o£ 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 hearings in front of Planning Commission and City Council
where decisions ar.e rendered. If you want input in the decision-
making' process, it is imperative that you attend the public
hearings.
The public hearings you will be attending are quasi-judicial in
nature. Please do not contact your Planning Commissioners or
Council people to discuss the merits o£ a case prior to the
public hearing. It could ~eopardize your representatives'
ability to hear the case.
If you are an adjacent property, you may have the right to file a
"legal protest" against the application. The result o£ this
filing is that it requires a 3/4 major3ty of City Council to
approve a request.
If you have questions regarding any oP the in£ormation given
above, do not hesitate to contact a planner at the City offices
by calling 235-2846. The Planning & Development Department is
open Monday through Friday 8:30 a.m. through 5:00 p.m.
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SERVICE I CEHIiFlEDFEE ~ FENRN RECEIPT 4 ~ ~~~~~d~~~{ ~' ~'~{~y{ ~g ~1~~$ P 913 6 6 7 5 6 4
I TOTPL GOSTAGE ANI] FEES E /~(~ '.] ^j@y~`~.~ }~wT!p
N(IINSIIXPHI:ECOVtlW4tYXVVIUtU~ ~161V~ (~ w~jb~{ 4"~iRi 4b.Servic
SENT T~ NOTFOp~NTE~NqTONALMAIL
Gmraldinm & Jahn k',ac~s , . Wla~~~ ~idg+~ 4:fl II~1033 ~
62Q5 W 35t21 Av~ . . B~t Si3F'-9~-~, ~23) t4Ft
Wh~a°~ Sticlgs C:O $OO~~ ... S.Signat~la'cnafa ~5
Rm~t 3UP-94-1 (13) Mkt , , ._ . ~ °-~~'-`-~~'~"~~'
, ~ 6. Si~nature - (Agent) ~
PS FORM 3800 -
~ RECEIPT FOR CERTIFIED MP pS Form 3811, November 7990
UNIRDSiIiES
Po6TILSFF~ICE
p.
7. Date of
8. Addres: ~
(ONLY i Ii
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DOMESTIC RETURN RECEIPT ~.
il
_ .,, _ .. _ . .".. foliow ~"~ A~dressee s Pddre~~
- - ~ces. o recum m;s ~are 1. ~ Y
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~_.-~'- toYou ihis'ot~nio ~,~steb"on ~~gi9~x aa. 66?
~~- f a ~~ n~iecr? ~«nt~ p 913
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PEGEIGT ~cSfIF~EDfEE* «~5,,,,~ ~QY.'g~ M ,~ CERTIFIED
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~ SENT iJ: yAYaq1ffit~ ~i~~~ 7.Date~ i
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November 4p. ~efl~ce rlt"' i
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.~-~---`' r~'~ ~~osro~ ~~~a+ ~ ~ GERTIFIED
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fN{CE TOTPlPOSTA PN ~ ~R~°~'~ Ty
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~ SENT TO: ~~ ~O'~0 ~`U86~.'~~ , ~ S $C~B...~j$'^'~. S_ AONLy if e~~sied and tee P~d i
1
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~oFEE.aENaNAECyJ ~~ ..i'~1~8`*.. ~
RECEIPT cERT~c~~EMOCEES ~'~ (~.'~'} 3A,IL p~dress
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PNAnONPtMbOA ~~'~t.., 8. Addresseesuested ~
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~ SENT TO'. & I31t$~~'tt?A i' c
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p- IF1ED M-
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„p.w*S'"" ppaiAGE FESiRW'~E~ 6 : ARaah iMs n b b~
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WHEAT RIDGE, COLOBAD~
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Rita Lefler
6200 W 35th Ave
Wheat Ri e CO 80033
Re: S~"P-94-1 (13) ~4R
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~Ridge
P.O. BOX 638
WHEAT RIDGE, COLORADO 80~34-Ofi38
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SENT TO:
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GERT~FIEO FEE+REIUPN NECEIPT
TOTAL POSTPGE AND FEES
„~ ~~s~~.n~r~~.t~~~ ~„~va~-
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RECEIPT FOR CERTIFIED MAIL o
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Board of County Commissior~esa
Gary D. L.a~
Districc Na 1
Beriy J. f~~es
DiSVic[ NcZ
February 15, 1994 J~hDisAtnS ~
80033
To Whom It May Concern:
Based on our experiences at Social Services in child care referral and authorization, license~
chi2d care for infants and toddlers is deCinitely needed in Wheat Ridge.
b4s. Forgo, owner of Whea[ Ridge Preschool and Kindergarten, has indicated to us that ~f
they are able to add an infant/toddler section to their facility, slots will be available for
Social Service clients who's children are in this age group. Ouz county's Resource an~
Referral agency, Family First has statistics that show for every three requests for liceased
infant siots in Wheat Ridge, oniy one slot is available.
Any consideration that you can make to allow this to become an added reso¢rce for infanas
and toddiers for our client population is appreciated.
PPr~jRj~~ r
~~
rry McDowell
~ocial Services Administrator V
Adult Services
JG/sp
~^_'e~~]~.w ~.a
i
~~ ~~L~~U~
J~~"~~l~gos '~
Sociai Services Supervisor II
CCAP and EmpIoyment First
. Department ol Human Services '
Nelson L. Nadeau, M.P.A., Director
Human Services Facility, 900 Jefferson Co~nty Parkway, Goltlen, Coloratlo 80401-6010
[303)271-7388
MS NINA PORGO
3536 JAY ST
WHEAT RIDGE CO
P.O. BOX 638 TE~EPHONE: 303/237-6944
7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80033
TO: Mayor and City Council
FROM: City Administrator
DATE: February 18, 1994
RE: Letter from Dr. Lamkin
The City of
~Wheat
~Ridge
Attached, please find a letter from Dr. Kenneth Lamkin'of 35th
Avenue, a response from me and a related opinion from the City
Attorney.
The question posed by Dr. Lamkin relates to the applicability of
Section 5.10 of the City Charter to special use permits. Dr.
Lamkin is specifically concerned that the City Attorney and staff
are not willinq to apply the legal protest provisions of Section
5.10 of the Charter to special use permits.
The City Attorney's opinion is very clearly written and also, very
clearly indicates that what Dr. Lamkin would like to see is not
possible. At this time this information is largely provided for
background information for the members of the City Council.
Members of the Council should be cautioned that this item will very
likely be discussed, as it relates to a special use permit, coming
before members of the City Council at the February 28, 1994 Council
meeting. The special use permit is quasi-judicial and discussions
on a specific parcel or application should not be conducted by the
members of the City Council with Dr. Lamkin or other council
members prior to the February 28 meeting.
If there are any questions, please do not hesitate to call me.
Respectfully submitted
~G~
Robert C. Middaugh
City Administrator
/bb
Enclosures
`~The Carnation City"
1 ~ ~ ~
February 16, 1994
Ms. Kathryn Schroeder
7500 W. 29th Avenue
Wheat Ridge, CO 80215-6797
Dear Ms. Schroeder:
i respectfuily disagree with parts of your legal opinion concemi~g whether or
not the protest procedure set forth in Section 5-10 of the City Charter applies to actions
taken by the City Council consisting of the granting of a special use permit.
I agree with your interpretation in paragraphs 1 thru 4 of your memorandum of
1/28/94. The criticaf language is stated in your paragraph 2.
"The Council shali have to power to amend, suppiement, change, or repeal the
regulations, restrictions and boundaries of zoning districts within the city."
In paragraph 5, while I do agree that special use permits do not affect the
boundaries of a zone district, I disagree with your opinion that speciat use permits do
not affect the underiying zoning district. Special use permits do impose "regulations"
and do apply "restrictions" to the use of the underiying zone district. These
"regulations" and "restrictions" definitely affect the zone district as evidenced by the
strong neighborhood opposition to SUP-941.
I contend that the legal protest is used when a single parcei of property is
applying for a change in boundary (i.e. zoning change), therefore the legal protest can
be utilized when the "regulations and restrictions" of a single parcel of property is
changed, as in the issuance of a speciai use permit.
In other words, if a speciai use permit imposes "regulations" and appiies
°restrictions" to a singie parcei of property then a legal protest can be used, just as a
legal protest is used when boundaries of zoning districts for a singfe parcei of property
are in dispute.
The language of Charter Section 5-10 as reproduced in the letter is clear. The
Council "has the power to either amend, supplement, change or repeal". The
language that follows lists "regulations, restrictions and boundaries". The iegal protest
has been used for "boundaries" in zoning disputes for single parcels of property.
Therefore the legal protest may be used when "regulations and restrictions" on a
single parcel of property are imposed as in the special use permit.
I look forward to a response firom you within 7 days. If i do not have a response
from you, I will forv+rard copies of this fetter to City Council members.
Respectfuily yours,
~~~~y,~~~v2~~
Kenneth R. Lamkin, M.D.G~ ~~ ~~
6147 W. 35th Avenue
Wheat Ridge, CO 80033
~
~
-500 WEST 29TH AVENUE
°.O. BOX 638
WHEAT RIDGE. CO 80034~0638
Ci,y Admin. Fax ~ 234-5924
February 18, 1994
(303)234-5900
Police Dept. Fax ~ 235-2949
Mr. Kenneth R. Lamkin, M.D.
6147 W. 35th Avenue
Wheat Ridge, CO 80033
Dear Dr. Lamkin:
The Crty of
~Wheat
~Ridge
This letter is in response to your letter dated February 16, 1994
to the attention of the City Attorney regarding special use permit.
The City Attorney does not provide advice to private citizens nor,
as a general rule, respond to questions posed by citizens on
matters involving the City. Questions such as those posed in your
letter of February 16, 1994 are handled by the City staff, who will
involve the City Attorney as is appropriate.
The City Attorney has written an opinion dated January 28, 1994
regarding special use permits and whether said permits are subject
to the leqal protest provision found within Section 5.10 of the
City's Charter. The City Attorney's opinion is clear and
unequivocal that the legal protest portion of the Charter does not
pertain to special use permits.
The essence of the City Attorney~s opinion is that a special use
permit impacts only upon a single parcel within a zoning district
and does not impose any regulations or restrictions upon the entire
district. The language of the City Charter is clear that the only
items subject to a leqal protest are those actions which might
impose regulations or restrictions among other items on entire
zoning districts.
Your reading of Charter Section 5-10 is not supported by the City
Attorney's written opinion or by my own personal review of the City
Attorney's opinion in the appropriate Charter section.
CO k.~i~FdPupn'
~ t
Mr. Kenneth R. Lamkin, M.D.
February 18, 1994
Page 2
I will forward a copy of your letter, my response and the City
Attorney's opinion to the attention of the members of the City
Council.
Sincere7.y,
~G
Robert C. Middaugh
City Administrator
/bb
cc: K. Schroeder, City Attorney
G. Gidley, Director, Planning & Development
Mayor Dan Wilde
Members of the City Council
/
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: City Council Date Prepared: February 16, 1994
Date o£ Meeting: February 28, 1994 Case Manager: ~refi7eredith Reckert
Case No. &,Name: SUP-94-1/Forgo and Foster
Action Requested: Special Use Permit to allc
in a Residential-Two zone
Location of Request: 3516 & 3536 Jay Street
Name & Address of Applicant(s): Rose Foster
3441 Fenton
wheat Ridge
~w a day care/kindergarten
district
Nina Forgo
St 890 S St. Paul
Denver 80209
Name & Address of Owner(s): Same as above
-----------------------------------------------------------------
Approximate Area: 15,785 sq ft & 20,400 sq ft
Present Zoning: R-2 ,
Present Land Use: pre-school & residence ~
Surrounding Zoning: All sides: R-2
Surrounding Land Use: ,Ni S,_,_ E: Low density residential; [~ vacant
& low density
Comprehensive Plan for Area: Low density residentiai
--------------------y--------------------------------
Date Published: Januar 18 1994
Date to be Posted: February 14, 1994
Date Legal Notices Sent:
Agency Check List
Related Correspondence
-------------------------
ENTER INTO RECORD:
(XX) Comprehensive Plan
(XX) Zoning Ordinance
February 14, 1994
(XX) Attached ( ) Not Required
(XX) Attached ( ) None
------------------------------
(XX) Case File & Packet Materials
(XX) Slides
Subdivision Regulations (XX) Exhibits
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification
and posting requirements have been met, therefore there is
jurisdiction to hear this case.
~
~
City Council StaPf Report Page 2
Case No. SUP-94-1/Forgo
I. REOUEST
The applicant requests approval of a Special Use Permit to allow a day
care/kindergarten in a Residential-Two zone district for properties
located at 3516 and 3536 Jay Street.
The purpose of the special use permit is for legalizing a
nonconforming use at 3536 Jay Street and expansion of the existing
nursery to include 3516 Jay Street. Because there are two separate
properties and s3tuations, the properties will be discussed
separately.
At the time of original application, day care centers were only
allowed in commercial zones, however, pursuant to the passage of
Ordinance #945, day care centers are now allowed as a special use in
all of the Ci-ty's residential aones. The applicant has amended her
request for a rezoning to a Special Use Permit. Included under
Exhibit 'B' is the applicant's justification for approval of the
Special Use Permit. Minutes from the October 21, 1993 and February
17, 1994 Planning Commission public hearings have been included under
Exhibit 'C'. The original request £or a paving of parking lot
variance has been withdrawn, therefore that is not longer an issue.
II. PROPERTY CQNFI~CURATION - 35~6 Jk1,Y STREET
The existing Wheat Ridge Preschool and Kindergarten has been located
on the northern property (3536 Jay Street) since the late 1950s.
Enroliment at the school is approximately 45 children with four to
five full-time teachers on Staff. It is a corner lot with frontage on
Jay Street and West 35th Place.
The property is currently nonconforming in regard to zoning (no
special use approval), parking access (open access) and the amount of
parking. Based on the City's current standards, 14 of£-street parking
spaces are required where only seven spaces are provided on site at
this time. The owner is proposing no physical changes to the
property, however, Staff is recommending that puil-o~f parking for
three cars be provided on West 35th Place. See Exhibit 'D'.
Sta££ had originally recommended that this £acility be limited to 45
full-time pre-schoolers and kindergarteners (ages 2 1/2 to 6 years).
The applicant's license with Soc3a1 Services is approved for 57. If
the request is approvec~ for 45 £ull-time students, this is a condition
under which the licensee will have to operate. Exceeding this limit
would prove to be a violation and could serve as a basis for
revocation of the Special Use Permit. Pursuant to Exhibit 'H', the
applicant is requesting that the Special Use Permit allow 57 fuil-time
students. With this number of students, she has agreed to limit the
property to the south to 23.
City Council Staff Report
Case No. SUP-94-1/Forgo
III. CRITERIA - 3536 1av Street,
Page 3
Staff has the following comments regarding the criteria used to
evaluate a special use permit for property at 3536 Jay Street.
1. Will meet a proven public need in that it will fill a void in
necessary services, products or facilities especially appropriate
at the location proposed, considering available alternatives.
The school is £ul£illing a need within the community for
preschool/kindergarten service. This is a use which was existing
prior to incorporation. The school has been serving the needs of the
community £or almost 40 years.
2. Will not have a detrimental effect upon the general health,
welfare, sa£ety and convenience of persons residing or working in
the neighborhood of the proposed use.
There should be minimal detrimental e££ects on the general health,
safety and wel£are o£ persons in the area. However, parking is
inadequate for the current capacity of the school. Cars are being
parked along West 35th Place which is substandard in width. Sta££
recommends additional asphalt be placed between the north side o£ the
house and the edge oP asphalt on West 35th Place to provide more of a
parking pull-off.
3. Will not create or contribute to blight in the neighborhood by
virtue of physical or operational characteristics of the proposed
use.
The owner proposes no changes to the property. If the property is
maintained in its' current state, there should be no resulting blight.
4. Will not adversely affect the adequate light and air, nor cause
significant air, water or noise pollution.
There should be no further impact to the neighborhood in regard to
water, air or noise pollution, since no changes are proposed.
5. Is consistent with the comprehensive plan.
Since the R-2 zoning will remain on the property, the low density
designation in the Comprehensive Plan will not be affected.
6. 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.
Since no changes are proposed, the traffic patterns will continue as
they have historically. A parking pull-of£ along West 35th Place will
help with traf£ic congestion. Traffic volume, however, will increase
on Jay Street if the facility to the south is approved.
City Council Staff Report
Case No. SUP-94-1/FOrgo
Page 4
7. Will be appropriately designed, including setbacks, heights,
parking, bulk, buffering, screening and landscaping, so as to be
in harmony and compatible with character of the surrounding areas
and neighborhood, especially with adjacent propertfes.
The facility is residential in appearance. No changes are proposed,
therefore, the facility will still be compatible with the
neighborhood.
8. Will not over burden the capacities of the existing streets,
utilities, parks, schools and other public facilities and
services.
There should be no negative affect on the capacities of the existing
streets, utilities, parks, schools and other public facilities and
services.
IV. PROPERTY CONFIGIJRATION - 3516 Jav
The applicant has an option to purchase the duplex directly to the
south of the current school.
The property is a corner lot with frontages on Jay Street and West
35th Avenue. It encompasses 20,000 square feet of land area and is
traversed by the Rocky Mountain Ditch.
Use of the new facility would be for the day care of newboms and
toddleTS (ages 6 weeks to 30 months) with an expected capacity of up
to 23 children and five staff inembers, which is consistent with the
number of staff persons required by social services Por newborns (a
ratio of one staff for every five babies). Pursuant to Exh3bit ~
the applicant has agreed to limit this facility to 23 if the other
facility is allowed 57 students.
Based on these figures, a total of nine paved parking spaces is
required which would include one space for a center van. Exhibit 'E'
shows the proposed use of the property with all of the parking and a
drop-off area on Jay Street. Circulation would be one way. Aside
from the parking, drop-off area and fencing, there should be no other
changes to the property. The portion of the lot located on the other
side of the Rocky Mountain Ditch will remain vacant. Because o£ the
change of occupancy, the Uniform Building Code will require
handicapped access for areas within the building accessible to the
public.
V. CRITERIA - 3516 Jav S#reet
Staf£ has the following comments regarding the criteria used to
evaluate a Special Use Permit for 3516 Jay Street.
City Council Sta££ Report
Case No. SUP-94-1/FOrgo
Page 5
1. Will meet a proven public need in that it will fill a void in
necessary services, products or facilities especially appropriate
at the location proposed, considering available alternatives.
There is a void in the market £or good day care facility options for
persons living and working in the area.
2. Will not have a detrimental effect upon the general health,
welfare, safety and convenience of persons residing or working in
the neighborhood of the proposed use.
In regard to convenience, i£ adequate parking is provided, tra£fic
congestion should be minimal. The City of Wheat Ridge Public Works
Department has done traffic counts on Jay Street. Preliminary figures
indicated that even with the new facility, increased counts do not
push Jay Street over the limit £or a local street.
3. Will not create or contribute to blight in the neighborhood by
virtue o£ physical or operational characteristics of the proposed
use.
The applicant intends on making minimal changes to the property to
maintain a residential setting. If the property is kept up, there
should be no concern with blight.
4. Will not adversely affect the adequate light and air, nor cause
significant air, water or noise pollution.
The day care center will not produce any more air or water pollution
than a typical single-family residence would. The amount of light to
ad~acent properties will not be a£fected because the house will be
limited to its' existing size and height. Although the height
allowance is 35 feet in the R-2 zone, the structure will be restricted
to its' current configuration. Because of the ages of the children in
the new faoility (i.e., in£ants and toddlers), there should be minimal
noise generated. A six-£oot-high solid fence surrounding the outdoor
play area should help reduce noise to ad3acent properties
5. Is consistent with the comprehensive plan.
The Comprehensive Plan designates this property as "low density
residential". Day care facilities are generally thought to be support
services £or residential areas. If a special use is granted,,the
residential designation will not be a£fected, there£ore, there will be
consistency with the Comprehensive Plan.
6. 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.
City Council Staff Report Page 6
Case No. SUP-94-1/Forgo
The parking lot has been designed to provide sa£e, o££-street parking
and loading. Traffic on Jay Street wiil increase, however, based on
traffic counts performed by the Public Works Department, it would
still meet the criteria £or a local street.
7. Will be appropriately designed, including setbacks, heights,
parking, bulk, buffering, screening and landscaping, so as to be
in harmony and compatible with character of the surrounding areas
and neighborhood, especially with adjacent properties.
The applicant has attempted to make the proposal as "residential" in
feel as possible by not changing the appearance of the property.
Buffering of the parking area off Jay will help so£ten the look of the
lot.
8. Will not over burden the capacities of the existing streets,
utilities, parks, schools and other public facilities and
services.
All streets utilities and other public £acilities and services are in
place. The school provides its' own recreation opportunities,
therefore there should be no impact on parks in the area.
VI. TRAFFIC
The Department oP Public Works has done traffic counts on Jay Street.
A speed count on West 35th,Avenue was done as a result o£ compla3nts
from area residents regarding the speed of cars using that street.
West 35th Avenue is designated as a local street on the Comprehensive
Plan but it £unctions as a minor collector. The speed posted is 30
m.p.h.
A 2~-hour speed assessment was done with the £ollowing results:
There were a total of 963 cars on the day the count was taken.
Average speed was 28 m.p.h.
There were 19 cars which travelled between 41 and 45 m.p.h. and five
cars which travelled between 46 and 50 m.p.h.
The "85th percentile" was 34.8 m.p.h
(The "85th percentile" is the speed in which most drivers feel
comPortable driving at and is one of the warrants used in setting
mile-per-hour ratings).
The findings are consistent with a minor collector status street and
while warrants are not met £or a four-way stop at the 35th/Jay Street
intersection, the Public Works Director indicates that this conversion
is not out of the question.
A 24-hour tra£fic count was per£ormed on Jay Street midway between
West 35th Avenue and West 35th Place. The 24-hour count for vehicles
travelling southbound was 289. The 24-hour count for vehicles
travelling northbound was 141. The comb3ned cou~t was 430.
City Council StaPf Report
Case No. SUP-94-1/Forgo
Page 7
An additional 24-hour count was done at the same location with a total
count of 475. A count was also done on Jay Street north of west 35th
Place with a 24-hour count of 530.
Based on a total of 23 in£ants and toddlers at the new facility and
£ive staff inembers, Staff estimates this will generate 67 additional
vehicle trips to and from the center each day. This would raise the
total vehicle trips per day to 497.
Section V-21 of the Comprehensive Plan sets the parameter of traffic
capacity Por a local street at 2000 vehicles per day. Sta£f concludes
that with the new facility, J,ay Street will still £unction as a local
street.
As a rule o£ thumb, a typical reaidential dwelling unit generates
roughly ten vehicle trips per day.
VII. NEIGHBaRHOOD MEETING
A meeting for neighborhood input was held on May 20, 1993. Aside from
Staf£ and the owner/applicants, two residents from the area attended.
Concerns expressed included noise during the day and primarily traffic
on Jay Street and West 35th Avenue.
Letters in favor o£ the proposal have been included under Exhibit 'F'.
Included also in the applicant's Exhibit 'B' are letters o£ support.
Letters of protest received from area residents have been included
under Exhibit 'G'. Please review these documents closely as there are
four separate letters and three petitions relating to three dif£erent
aspects of this case.
VII2. AGENCY REFERRALS
All agencies can serve,both properties.
Public Works would like to see construction o£ curb, gutter and
sidewalk along the West 35th Avenue and Jay Street £rontages. Curb,
gutter and walk could be required on West 35th Avenue only if a
park3ng area is installed on the vacant hal£. A drainage plan and
report will be required if the paving variance is not approved. The
sight distance visibility at West 35th Avenue/Jay Street intersection
needs to be improved by the removal of obstructive foliage.
IX. PLANNING COMMISSION ACTION
A public hearing was held on the request on February 17, 1994. A
recommendation of Approval was made for 3536 Jay Street for the
following reasons:
City Council Sta£f Report
Case No. SUP-94-1/FOrgo
Page 8
1. The property is within the City of Wheat Ridge and all
posting and notiPication requ3rements have been met, therefore,
there is jurisdiction to hear this case.;
2. StaPf concludes that the existing facility has been in
operation for almost 40 years and approval o~ the 5pecial Use
Permit will bring a legal noncon£orming use into compliance.
3. The criteria used to evaluate a Special Use Permit supports
this request.
With the £ollowing conditions:
1. The Special Use Permit ba granted to the Wheat Ridge
preschool and Kindergar-ten (3536 Jay Street) under the ownership
of Nina Forgo.
2. The Special Use Permit be amended to a day care center for
up to 45 preschool children and kindergarteners.
3. Use of the property shall be in accordance with Exhibit 'D'.
4. Exhibit 'D' be amended to show an asphalt pull-off along the
north side o£ the structure (West 35th Place).
In regard to 3516 Jay Street a recommendation of Approval was made for
the following reasons:
1. The criteria used to evaluate a Special. Use Permit supports
this request.
2. It is determined that the benefits to the community outweigh
the potential minor impacts to the neighborhood;
With the following conditions:
1. The Speciai Use Permit be granted to the Wheat Ridge
preschool and kindergarten (3516 Jay Street) under the ownership
of Nina Fargo.
2. The Special Use Permit be lim3ted to a day care center for
up to 35 infants and toddlers.
3. Use of the propertg sha11 be in accordance with Exhibit 'E'.
4. Visibility at the intersection at Jay Street and West 35th
Avenue be improved as per Public Works Department request.
5. Curb, gutter and siflewalk be required to be constructed along
Jay Street with the change in use.
6. A landscape buffer that does not violate sight distance
triangle standards, yet provides a dense bu£fer be placed between
the parking area and Jay Street. Th3s landscaping could include
trees, shrubs, possible berming, etc.
7. The proposed park3ng lot be asphalt, as required by City
standards.
Once again, please note that the applicant has requested Spec3al Use
Permit approval consistent with her current license on the northern
City Council StaPf Report
Case No. SUP-94-1/Forgo
Page 9
facility., This would allow 57 £ull-time students at 3536 Jay Street
and 23 infants and toddlers at 3516 Jay Street. Also, a paving
variance was denied by Planning Commission. The applicant does not
wish to pursue this.
X. ~TAFF RECOMMENDATION~
3536 Jav Street
Sta£f concludes that the existing £acility has been in operation for
almost 40 years and that approval of the Special Use Permit will bring
an historical, legal nonconforming use into compliance. Staff further
concludes that the criteria used to evaluate a Special Use Permit
supports this request. For these reasons, a recommendation of
Approval is given for a Special Use Permit £or 3536 Jay Street with
the following conditions:
1. The Special Use Permit be granted to the Wheat Ridge Preschool and
Kindergarten at 3536 Jay Street under the ownership and operation
of Nina Forgo.
2. The Special Use Permit be limited to a day care center £or up to
57 preschool children and kindergartners.
3. The use of the property shall be in accordance with Exhibit D.
4. Exhibit 'D' be amended to show an asphalt pull-off along the north
side o£ the structure (West 35th Place).
3516 Jav Street _ __ _
in regard to the request for a Special Use Permit £or the property at
3516 Jay Street, StafP concludes that a child care/nursery is
generally considered a low-intensity use and a support service £or
residential areas. Although tra£fic on Jay Street will increase, it
still falls within the parameters of a local street. Because in
generai, the criteria used to evaluate a Special Use Permit supports
this request a recommendation of Approval is given for 3516 Jay Street
with the follawing conditions:
1. The Special Use Permit be granted to the Wheat Ridge Preschool and
kindergarten at 3516 Jay Street under the ownership and operation
of Nina Forgo.
2. The Special Use Permit be limited to a day care center £or up to
23 infants and toddlers. ~
3. The Use o£ the property be in con£ormance with Exhibit 'E'.
4. That visibility at the intersection of Jay Street and West 35th
Avenue be improved, as per Public Works Department request.
C3ty Council Sta£f Report Page 10
Case No. SUP-94-1/Forgo
5. That curb, gutter and sidewalk shall be required to be
constructed along Jay Street with the change of use.
6. That a landscape buffer that does not violate sight distance
triangle standards yet provides a dense buffer, be placed between
the parking area and Jay Street. This could include trees,
shrubs and possible berming.
XI. RECOMMENDED MOTIONS
Snecial Uce Permit for 353h Jav Stree~
"I move that Council Bill No. with specific regard to 3536 Jay
Street, to allow a day care/kindergarten in an R-2 zone district be
Approved for the following reasons and with the conditions stated:
1. The criteria used to evaluate a Special Use Permit proposal
support approval.
2. This use has existed at this location £or 40 years without undue
con£lict and complaints.
3. The Permit shall be issued to Nina Forgo only, as owner and
operator.
4. The Permit is limited to day care for up to 57 full-time preschool
and kindergarten children (ages 2 1/2 to 6 years old).
5. Use of the property shall be in accordance with Exhibit 'D'.
6. Exhibit 'D' shall be revised to show asphalt pull-off along the
north side o£ the structure (West 35th Place) and such paving
shall occur within 90 days of e£fective date of this Permit."
~necial Uce Permit for 3516 7av StrPet
"I move that Council Bill No. , with specific xegard to 3516 Jay
Street, a request for a child care center/nursery in an R-2 zone
district be Approved for the following reasons and with conditions
stated:
1. The criteria used to evaluate a Special Use Permit proposal
support approval.
2. It 3s determined that the benefits to the community outweigh the
potential minor impacts to the neighborhood.
3. The Special Use Permit be granted to the Wheat Ridge Preschool and
kindergarten at 3516 Jay Street under the ownership and operation
of Nina Forgo.
4. The Special Use Permit be limited to a day care center for up to
23 £ull-time infants and toddlers (ages six weeks to 30 months).
5. The use o~ the property be in con£ormance with Exhibit 'E'.
6. That visibility at the intersection of Jay Street and West 35th
Avenue be improved, as per Public Works Department request,
7. That curb, gutter and sidewalk shall be required to be
constructed along Jay Street with the change of use.
City Council Staff Report
Case No. SUP-94-1/FOrgo
Page ll
8. That a landscape buf£er that does not violate sight distance
triangle standards yet provides a dense buf£er, be placed between
the parking area and Jay Street. This could include trees,
shrubs and possible berming.
<pc>srsup941
( i (~ ~
CASE NO.g1TP-94-1
AGENCY REFERRALS SUMMARY
XX F1S2: (Whaat RiAaal TTn pr[]hlein. _._, . ~~-_
Schools: -. - -
XX Water: (Whaat Rir1Ra1 ('~n qPrpQ _ -
~}{ Sewer: rr.,,,oa,- Ai Anol (~on ra+-v+a -=
XX US West Communications: rT., ,-A~r~.,~P
XX PubliC Service Co: No response.
State Land Use Comm. (over 5 acres):
State Geologist:
State Highway: .,. -
Jef£erson County:(HEALTH, COMMISSIONERS, PLANNING) _
Adjacent City: _
i American Cablevison: -- - --
i •
CITY DEPARTMENTS
PUbl7.C WOTkS: Wniilr~ ~'~lr.~ n+ivh~ g~~{-+ar ~-~a cirlau~alU ~~~•..~„~~+ Z~j,th
', Avenue and Jay Street. Would like to improve_si_ght_distance at.,
wesL s~r.n ana ~ay 5treet intersection. "
Parks & Recreation: ~°
Police: _ -~-
; Building Inspection: _ . -
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!5
CASE NOa SUP-94-1
EXHISIT 'A'
INTRODUCED BY COUNCIL MEMBER EDWARDS
Council Bill No. 30 Ordinance No. 945
Series of 1993
TZTLE: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CODE
OF LAWS OF THE CITY'OF WAEAT RIIIGE RELATING TO PAWN SHOPS
AND SPECIAL USES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section l. Wheat Ridge Code o£ Laws, Chapter 26, Article 1.
Zoning Code, Section 26-6.(H) Special Uses is hereby repealed and
reenacted as £ollows:
"(B) Soecial Uses: Special uses are discretionary uses
which are clearly shown to be void or deficient in an
area, and which i£ properly designed, developed,
operated and maintained, may be approved £or,any
specific location with3n a zone district wherein the
special use is enumerated. Special Uses are highly
dependent upon proper design, management and
operational aspects, therefore such uses must be
considered as a personal grant of use, granted to the
owner of the special use and not as a grant of a vested
property right which transfers with the land or lease.
The only time a Special Use Permit may be transferred
to a new owner without re-applying for approval 3s
through inher3tance by an heir. The primary issues
which planning commiss3on and city council shall
address are those related to justification of need and
those special design and operational considerations
which mitigate potential detrimental impacts of a
special use cc :~i~:.c..~~ .:3;. on surrounding land uses,
the street system, or public services or £acilities. In
order to protect the public interest se~.4::~:,
c~~:.YO-~y, planning commission and city council
shall have the right to approve, approve with
modi£ications or deny a special use request, and to
revoke previously approved special use permits pursuant
to subsection (6) hereof.
(1) Annlinahil.itv_ The requirements of this subsection
shall apply to ail uses listed as "Special Uses" within
the provisions set £orth for any particular zone
district.
(2) Annlic~tinn f~rm and review nrnr.e~nres:
(a) Prior to submitting any application for a special
use permit, the applicant shall be required to
hold a neighborhood input meeting. (See subsection
(F)(1) for requiremen~s.)
~
Ordinance NO. qG5
Series o£ 1993
Page 2
(b) Special use applications shall may be originated
only by the prospective owner of the proposed
special use, with written approval of the fee
owner of the property in cases where the owner of
the property is dif£erent than the owner of the
proposed special use. Both the special use owner
and the land owner, or their legal
representatives, must be present at all public
hearings. s~-~-;-iia a~~aincy' ~+ icy~~~s ~E~3~-~
fl$~EJZ _~~' '{ ~ r:...'i.: ..... a.=co~.-.c~,'t- .
(c) Application shall be submitted on forms provided
by the department of planning and development, and
shall be accompanied by a copy of the property
deed, a certified survey, and a fee of one hundred
dollars (5100.00).
(d) All applications shall also be accompanied by a
site development plan and additional written
information in suf£icient detail to convey the
full intent of the applicant in developing,
operating and maintaining the special use. The
site development plan shall meet the requirements
of a Type 2 site plan as set forth in subsection
(E)(1) below.
(e) Upon receipt of a complete application packet as
described above, the planning and development
department shall proceed with the following
process:
1. Refer the application to affected public
agencies for review and comment.
2. Within thirty (30) days of acceptance of a
completed application packet, give notice of a
scheduled public hearing on the application by
newspaper publication, letter notification and
posting in the manner as provided in
subsection (F}(1).
3. Prepare a written report and recommendations
to the planning commission which evaluates the
proposal and makes findings using the
following review criteria set forth in
subsection (3) below.
(3) Cri.teria for review. Before a special use is approved,
the applicant shall show, and the planning commission
and city council shall find, the proposed special uses:
(a) Will-meet a'proven public need in that it will
fill a void in necessary services, products or
facilities especially appropriate at the location
proposed, considering available alternatives.
(b) Will not have a detrimental effect upon the
general health, wel£are, safety and convenience of
Or~dinance No. 945 Page 3
Series o£ 1993
persons residing or working in the neighborhood of
the proposed use.
(c) Will not create or contribute to blight in the
neighborhood by virtue of physical or operational
characteristics of the proposed use.
(d) Will not adversely affect the adequate light and
air, nor cause significant air, water or noise
pollution.
(e) Is consistent with the comprehensive plan.
(£) Will not result in undue traf£ic congestion or
traffic hazards, or unsafe parking, loading,
service or internal traffic con£licts to the
detriment of persons whether on or off the site.
(g) Will be appropriately designed, including
setbacks, heights, parking, bulk, bu££ering',
screening and landscaping, so as to be in harmony
and compatible with character of the surrounding
areas and neighborhood, especially with ad~acent
properties.
(h) Wiil not over burden the capacities of the
existing streets, utilities, parks, schools and
other public facilities and services.
(4) Plannina commiesion raviPw~ The planning commission
shall hear and consider,any evidence or statement
presented by the applicant, city staff, or by any
person in attendance at the hearing. The planning
commission shall then make a recommendation to city
council to approve, approve with conditions or deny
the application, basing its recommendation upon the
facts presented in the public hearing in consideration
of the criteria for review as specified in subsection
(3) above. Planning commission may recommend condi-
tions or stipulations, which may include physical
design as well as operational and maintenance
considerations, upon the special use in addition to
standard development and use regulations which apply
within a particular zone district or for a similar
"permitted use". Such conditions or stipulations may
be recommended in order to ensure compliance with the
criteria for review, which, if not complied with, shall
be grounds £or revocation of the special ~~~.u~t~~n~
use. A recommendation £or den3al shall be considered
final, unless the applicant files an appeal to city
council.
(5) Citv coiin~il review. City Council shall review and
decide upon all requests for spec3al uses upon
recommendation of planning commission for approval or
upon appeal,by an applicant of a recommendation for
denial by planning commission. Special uses may only
be approved by passage oP an ordinance, following the
Z
Ordinance No. ?GS
Series o£ 1993.
Page 4
city's standard ordinance adoption procedures. Notice
of public hearing snall be in the manner provided in
subsection 26-6(F)(1). City council, in addition to
consideration of the planning commission record, shall
hear additional evidence and testimony,presented, and
either pass, pass with modi£ications, or deny the
ordinance, its decision being based upon all evidence
presented, with due consideration o£ the criteria for
review.
(6) Enf~r~amant_ All conditions and stipulations imposed
by city council shall be maintained in perpetuity with
the special ee~3~~~~:.~~ use. Z£ at any time the
stipulations or conditions are not adhered to or are
found to have been materially altered in scope,
application or design, the zoning administrator shall
notify a code en£orcement officer o£ the nature of the
violation(s) and the code enforcement o£ficer shall
investigate, and if appropriate, initiate revocation
s~~ _~.:.~~ ~:._.,_:,:....;...;: proceedings which shall include
the following:
(a) Notice of violation following procedures as set
forth for Nuisances pursuant to Wheat Ridge Code,
Chapter 15.
(b) Upon a finding of noncompliance by a Code
Enforcement Officer a£ter the prescribed
correction date, the Zoning Administrator shall
schedule a revocation hearing before the City
Council. Such revocation hearing date shall be
set by City Council after lst reading of an
ordinance therefore.. The purpose of the revocation
hearing shall be for the City Council to hear
evidence concerning the nature and extent of the
alleged noncompliance with the conditions of the
Special Use Permit. The Council shall have the
power, upon good cause being shown, to cancel or
revoke the previously issued Special Use Permit,
to require certain corrective measures to be
taken, and/or to direct the City's aqents to enter
upon the premises and take corrective measures
required by the City Council, and to modify the
conditions which apply to the Special Use Permit.
Any revocation action shall become effective
fi£teen (15) days after final publication of the
ordinance. Any other action shall require a
continuance of the public hearing to a specific
future date, and a motion stipulating the specific
corrective measures that are to be accomplished
either by the special use owner or by an 'agent of
the City within that time period. Upon the date
of the continued hearing, should the Council find
that the conditions and stipulatio~s have not been
~'
Ordinance No. 945 Page 5
Series o£ 1993 _
satisfactorily met, Council shall adopt the
revocation ordinance."
(7) Nonconformina Snecial Uses:
Notwithstanding the provisions of this Zoning
Code Section 26-7. Nonconforming lots, uses,
and structures, any special use which is
nonconforming to the provisions of this
Section 26-6.(S) by way of not having
received approval of a Speaial Use Permit
under prior rules and procedures shall
terminate, or shall otherwise become
conforming to these provisions, within
five (5} years of the date that such
nonconforming status became effective.
In addition, within this five (5) year
amortization'period, no nonconforming
special use shall change ownership without
coming into conformance with this Section
26-6.(B). All other provisions of Section
26-7 shall apply.
sectiqn 2_, Wheat Ridge Code of Laws, Section 26-23. Commercial-
Two District (C-2), subsection (E) Special Uses, is hereby
amended by the addition o£ an additional special use as follow:
"(d) Pawn Shops."
Section 3. Wheat Ridge Code of Laws, Section 26-5. Definitions
subsection (a) is hereby amended by the inclusion of an
additional definit3on, in the appropriate alphabetical order, as
follows:
"Pawn Shop. A commercial establishment where a
pawnbroker, as def3ned 6y Colorado Revised Statutes,
regularly conducts the business of making contracts
for purchase or purchase transactions."
~ection 4. Wheat Ridge Code of Laws, Section 26-10 through
Section 26-15, and Sections 26-18 and 19, subsections (E) Special
Uses, are hereby amended by addition o£ the.following new special
uses:
"Small Day Care Center, Day Care Center."
Section 5. Wheat Ridge Code of Laws, Sections 26-16 and 26-17,
subsections (E} SQecial Uses, are hereby amended by addition of
the following new special use:
Q
Ordinance No_ ?~5
Series of 1993
"Day Care Center."
Page.6
Section 6, Sa£Ptv C]ause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, sa£ety, and wel£are of the public,
and that this ordinance is necessary for the preservation o£
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the prbper legislative
object sought to be attained.
Section 7. sPVerabilitv. if any ciause, sentence, paragraph, or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court o£
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Secti_on £i_ SunerseGSion Ciavse_ I£ any provision, requirement
or standard established by this Ordinance is found to conflict
with similar provisions, requirements or standards £ound
elsewhere in the Code of Laws of the City of Wheat Ridge, which
are in existence as of the date of adoption of this Ordinance,
the provisions, requirements and standards herein shall supersede
and prevail.
Section 9. This ordinance shall take effect upon approval by
City Council.
INTRODUCED, READ, 8ND ADOPTED on £irst reading by a vote of 8
to 0 on this ZZnd day of ~Iovember , 1993, ordered
published in full in a newspaper of general airculation in the
City of Wheat Ridge and Public Hearing and consideration on final
passage set for nP~emher 13 , 1993, at 7:30 o'clock p.m., in
the Council Chambers, 7500 west 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote o£ ( to 2 , this 13th day of December ,
1993.
SIGNED by the Mayor on this 14th day of December' , 1993.
~J.....~d.t~
DAN WILDE, MAYOR
Ordinance No. q~S
Series of 1993
ATTEST•
y...~
Wanda Sang, C'it,*~ lklerk
~)
lst PubliCatiOn: November 30,
Page 7
APPROVED AS TO FORM BY CITY ATTORNEY
.u~~i. ~/,~~r/~.f ~
~IQ'SCHROEDER, CITY ATTORNEY
1993
2nd Publication: December 21, 1993
Wheat Ridge Sentinel
Effective Date: December I3, 1993
<ldr>ordspecialuses
CASE NO. SUP-94-1
EXHIBIT 'C'
P18nning Commission Minutes
October 21, 1993
Page 5
however, i£ the person was intoxicated or readily admitted his
fault.
Commissioner QUALTERI reiterated that Ms. Donner had o££ered her
driveway to be utilized by the public.
MS_ nonnar, stated yes her driveway only could be used by persons
needing to turn their vehicles around.
Commissioner QUALTERI asked if Ms. Donner's vehicle was
accidentally hit by another vehicle negotiating the turnaround
process, would she expect compensation?
Ms. n~nnar answered perhaps if the person was intoxicated.
Mr. Goebel explained further (by re£erence to the aerial photo
included in the packet) how the proposed turnarounds wouid
function.
Commissioner JOHNSON asked Mr. Goebel what radius was necessary
to allow a an emergency vehicie to turn around?
Mr. Goebel stated that needed to be worked out.
Commissioner ECKHARDT moved that the request for vacation o£
Field Street between Field Street and Flower Street be
recommended for Approval excepting the portion o£ land at the
west end of Field Street shown in green on Exhibit 'B'. A
portion o£ the driveway on the west s3de o£ Field Street
(MCCloud's property 3255 Field Street) be dedicated as public
right-of-way and that a portion of Flower Street (Mr. Fourcade's
property at 3390 Flower Street) be dedicated as public right-of-
way. The exact dimensions and legal descriptions should be
prepared by staf£ and prasented to City Council at the time of
public hearing.
Commissioner JOHNSON seconded the motion. Motion carried 6-1,
with Commissioner QUALTERI voting no.
Commissioner ECKHARDT complemented Planning and Public Works
Staff in their e££orts to work'with the area residents to come to
an agreeable solution.
2. C.ase No_ WZ-93-5:_ An_application by Nina Fargo and Rose
Foster £or approval of rezoning from Residential-Two to
Restricted-Commercial One with restricted uses and a
paving variance for properties located at 3516 Jay
Street and 3536 Jay Street.
Ms. Reckert presented the staff report after providing several
exhibits to Commission £or their gerusal.
Planning Commission Minutes Page 6
October 21, 1993
Entered and accepted into the record were the Comprehensive Plan,
Zoning Ordinance, case file, packet materials and slides.
Commissioner QBALTERI asked Ms. Reckert if the property west of
the site was zoned R-2? '
Ms. Reckert stated it was zoned R-2 and R-3 and the Comprehensive
Plan designates the parcel as a mix of high and low density
residential.
Mr. Gidley stated The Comp Plan was amended to designate all of
it as low density residential.
Commissioner QUALTERI asked for an explanation,of zoning on the
Davis property.
Mr. Gidley stated that the northernmost site is zoned high
density, R-3, the southernmost gortion of the site is zoned R-2,
low density residential.
Commissioner QUALTERI asked i£ the southern portion was about 200
feet?
Mr, Gidley stated something close to that.
Comm3ssioner RASPLICKA asked what hours the day care center
operates?
Ms. Reckert stated the applicant could better answer that
question.
H,~ah Foster 3441 Fenton Street, was sworn in. Mr. Foster gave a
brie£ history of the property. He felt the requested expansion
would have less impact than selling the house to a£amily with a
large number of children, since it contains six bedrooms.
Nina Fnra~, 8g0 South St. Paul Street, was sworn in. Ms. Forgo
stated she would like to combine the two parcels, expanding the
current facility to include infants and toddlers. She expeoted a
maximum of 30 infants and she estimates one-half of those would
be generated by parents with children enrolled currently. This
would result in 15 new vehicles in the neighborhood twice daily.
Hours o£ operation are £rom 7:~Q a.m, to 6:00 p.m., the center is
closed on weekends and holidays.
Commissioner QUALTERI asked i£ her day care £acility was licensed
with Social Services?
Ms. Forao answered yes.
Commissioner QUALTERI asked if Social Services had expressed
concex« w~~h the open irr3gation ditch on the property.
Planning Commission Minutes Page 7
October 21, 1993
Ms_ Forao stated that any bridge must have a roof and enclosed
sides. She added that she wants to retain the residential flavor
if possible. Either parking scenario would work, however, she
prefers entering and exiting the property from 3ay Street.
Commissioner QUALTERI asked i£ Social Services inspected 3516-18
Jay Street?
Ms_ Forao stated the property had been inspected and £ound to be
acceptable.
Chairperson LANGDON asked about the safety of the irrigation
ditch.
Ms. Fora~ stated that if the parking lot was situated where the
ditch must be arossed, then the bridge must be constructed
according to certain safety standards.
Rita Lefier, 6200 West 35th Avenue was sworn in. Ms. LePler
stated she is concerned with speeding traf£ic and noise in her
neighborhood. She had lost two dogs to traf£ic in recent years.
John Faas, 6205 West 35th Avenue was sworn in. Mr. Faes stated
he is adjacent to the proposed site. His opposed changing the
zoning £rom residential to commercial, since he felt property
values would su£fer.
vivian 5kvbern, 6210 West 35th Avenue was sworn in. Ms. Skyberg
stated she wanted the neighborhood to remain quiet, as she just
retired and is new to the neighborhood.
Shirlev Heiahton, 6160 West 35th Avenue was sworn in. Ms.
Heighton stated she lives directly across the street £rom 3616-18
Jay Street on West 35th Avenue. She doesn't want to look out her
£ront windows and see a parking lot. Ms. Heighton added that
West 35th Avenue currently carries heavy traffic and parking can
be a problem. She opposes the requested change of zoning and
increasing the size of day care center.
Commissioner JOHNSON asked Ms. Heighton i£ she would prefer
having six teenagers to 15 babies?
Ms. xeiahton stated yes, she would. She reiterated her £eelings.
Mr. Fos+ar stated that according to the leash law, dogs should be
on leash when out of the yard.
Nina Forao stated that she planned to maintain, a~ much as
possible, the residential look o£ the property. She felt proper
landscaping would help. She in£ormed Commission how the children
are involved in the community.
Planning Commission Minutes Page 8
October 21, 1993
Commissioner QUALTERI asked i£ the new facility would house only
infants?
Ms. Forao stated it woul'd house infants and toddlers. Toddlers
range £rom 12 months to 30 months. She elaborated.
Commissioner QUALTERI asked if they would be outdoors without
supervision?
Ms. F~rao stated absolutely not.
Commissioner QIIALTERI asked about Ms. Forgo`s pre£erence for
design scenario #1. He noted that most o£ the concern voiced
tonight were regarding scenario #2. Is that amount o£ parking
required?
Ms. Reckert stated the parking is needed. The designs are almost
equal in available parking spaces.
Commissioner QUALTERI had some further questions regarding the
intersection at 35th and Jay Street.
Mr. Gidley stated currently there are no proposals to physically
modify the intersection on the south.
Commissioner ECKHARDT voiced concern regarding the commercial
zoning classi£ica'tion. He asked if consideration had been given
to requiring a PRD. He was uncom£ortable with placing
stipulations on the commercial zoning designation.
Mr. Gidley stated the outcome would be that a day care center
wouid be allowed, based on a site plan tied to the zoning,
whether as a PRD or conditional Restricted-Commercial One zoning.
Commercial ECKHARDT noted that two speakers had voiced concern
about changing the zoning from residential to commercial.
Mr. Gidley stated that certain requirements exist relative to the
ratio of residential uses in a PRD. Nonres3dential uses are
restricted to: 1) one-aore of land, and 2) commercial uses cannot
exceed 25~ of gross area of PRD.
Commissioner ECKHARDT asked about creating a PCD, as he had
concerns about R-C1 uses in a R-2 zone.
Mr. Gidley stated that sta£f pre£erred to see Special Use Permit
procedures for any kind of use. That was approved in commercial
districts, however, was not approved in residential zone
districts.
Mr_ Faes pointed out where he resided and spoke o£ the impact the
expanded center would have on him.
Planning Commission Minutes Page 9
October 21, 1993 •
Chairperson LANGDON asked if a Special Use Permit would require
paving.
Mr. Gidley stated that was not a requirement for a SUP, it is a
parking requirement in any zone district, including residential.
Ms. Heiahtnn asked why staff was referring to the house (3516-18
Jay Street) as a duplex. She stated it is not a duplex, but a
house made into apartments. _
Chairperson LANGDON stated the zoning was R-2, which allows
duplexes, (i.e., two-family dwellings).
Ms_ Heiahton asked i£ the zoning 3s not changed, would additional
parking be required?
Mr. Gidley stated that a subdivision occurred on the southeastern
triangle in 1984 that subdivided that corner Por the purpose of
developing a single-family home. Single-£amily homes are
required to have four off-street parking spaces. Since there is
an existing two-family dwelling on the property, technically, the
requirement would be four of£-street parking spaces per dwelling
unit, totalling 12 parking spaces.
Ms. xeiahtnn asked i£ the property remained residential in
nature, would the City require all the additional parking?
Mr. Gidley stated no. However, the property owner would have the
right to add 12 parking spaces if they desired.
Ms. xa;nht~n queried Mr. Gidley regarding to the possible sale of
the property and uses allowed should the proposed change of
zoning be approved.
Mr. Gidley stated that the only use allowed would be a pre-
school/day care center or a residence. This could not be phanged
unless an applicant applied to change it.
Ms. Heiahton_asked i£ the requested change of zoning is approved,
would an applicant be more likely to gain approval?
Mr. Gidley stated no, it would not.
Commissioner RASPLICKA asked Mr. Faes if he kept several vehicles
on his property?
Mr. FaP~ answered he has two vehicles that are kept in his
garage.
Chairperson LANGDON asked i£ it would be possible to allow the
day care center under any other type of zoning?
Mr. Gidley stated Planned Commercial Development.
Planning Commission Minutes
October 21, 1993
Page 10
Chairperson LANGDON asked if the PCD would force the paving of
the parking lot?
Mr. Gidley stated the applicant's request to avoid paving is a
separate issue and requires approval of a variance.
Mr. Gidley stated that parking for a single-family home is
required to be paved. Mr. Gidley stated that another preschool
near this location was required to pave their parking lot, even
though they requested a gravel parking lot. For approval, the
variance requires a greater than ma~ority vote, he added.
Commission may wish to consider each property and the variance
separately. He suggested numerous options and explained each.
Chairperson LANGDON asked if the property would be in con£ormance
should the rezoning request be approved.
Mr. Gidley stated it would.
Chairperson LANGDON asked what the advantage would be to dividing
the property?
Mr. Gidley stated the only advantage would be i£ Commission
wished to take different actions on each parcel. He stated that
he did not hear objection to the existing dap care center, just
to the expansion.
Commissioner JOHNSON asked about the legal protest submitted.
Mr. Gidley stated that by Charter, requires.a greater-than-
majority vote by City Council. It would require at least six
votes for approval. Should Planning Commission deny the request,
the matter is dead unless applicant appeals to City Council.
Commissioner ECKHARDT stated he prePers the request £or rezoning
was for a Planned Commercial Development, parking be on the north
side o£ the ditch (Exhibit 'D'), and a considerable amount of
landscaping between the circle drive and the parking area. In
addition, curb, gutter and sidewalk be installed along Jay Street
and any necessary overflow parking would be on the south side of
the ditch along Jay Street. That overflow parking area should be
landscaped appropriately. He was in favor o£ paved parking.
Chairperson LANGDON stated he didn't feel that a nursery belonged
on a busy thoroughfare such as West 38th Avenue or_Kipling. He
felt landscaping would help. He asked i£ it was normally
allowed.
Ms. Reckert stated that day care for 6-12 children is allowed in
a residential area by Special Use Permit.
Commissioner ECKHARDT stated it was obvious that a schoc,! i~ir
children belongs in a residential area.
Planning Commission Minutes
October 21, 1993
Page 11
Mr. Gidley suggested that Commission take a brief recess to
compose a motion. A recess was called at 9:30 p.m. Meeting
reconvened at 9:44 p.m.
Commissioner ECKHARDT moved that Case No. WZ-93-5 be forwarded to
City Council with a recommendation £or Approval with the
£ollowing conditions:
1. The zone classificat3on requested be changed from RC-1 to
PCD;
2. The only uses allowed be as £ollows: 1) day care center £or
up to 80 infants, toddlers, preschool children and
kindergarten; 2) one or two-£amily residence, as allowed in
the existing R-2 zone district.
3. The property would be developed and used as follows:
A. If used as residential, normal R-2 zone standards shall
apply.
S. I£ used as a day care/preschool/kindergarten center, it
shall be in accordance with staPf's Exhibit 'C' and `D',
(included in packet), which shall be accepted as meeting
the requirements of an Outline and Final Development
Plan.
C. That curb, gutter and sidewalk shall be required to be
constructed along Jay Street with the change of use.
D. That a landscape bu££er that does not violate sight
distance triangle standards yet provides a dense buffer,
be placed between the parking area and Jay street. This
could include trees, shrubs and possible berming.
E. Exhibit 'C' be amended to show an asphalt pull-o£f along
the north side of the structure (West 35th Place).
For the following reason:
1. The proposed use is compatible with a residential area.
Commissioner JOHNSON seconded the motion. He asked if the curb,
gutter and sidewalk would be on Jay Street only.
Ms. Reckert stated it would measure about_50 feet in length._
Commissioner ECKHARDT noted that Public Works requested that the
j`~ visibility at the intersection o£ Jay Street and West 35th Avenue
/ \ along the ditch be improyed. He included that in his motion.
Commissioner JOHNSON agreed with the addition. Motion carried
7-0.
~
CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE NO: WZ-93-5 LOCATION: ~516 Jay St &
3536 Jay St
APPLICANT(S) NAME: Nina Fargo and Rose Foster
OWNER(S) NAME: Same as above
REQUEST: Rezoning from R-2 to R-C1 with restricted uses
and a paving variance
APPROXIMATE AREA: 15,785 sq £t/20,000 sq ft
WHEREAS, the City o~ Wheat Ridge Planning Division has submitted a
list of factors to be considered with the above request, and said list
of factors is attached hereto and incorporated herein by reference,
and made a part hereof; and
WHEREAS, there was testimony received at a public hearing heard by the
Planning Commission and such testimony provided additional facts.
NOW, THEREFORE, based upon the facts presented and conclusions
reached, it was moved by Commissioner ECKHARDT, seconded by
Commissioner JOHNSON, that Case No. WZ-93-5 be forwarded to City
Council with a recommendation for Approval with the following
conditions:
1. The zone classification requested be changed £rom RC-1 to PCD;
2. The only uses allowed be as follows: 1) day oare oenter for
up to 80 in£ants, toddlers, preschool ch3ldren and kindergarten;
2) one or two-family residence, as allowed in the existing R-2
zone district.
3. The property would be developed and used as ~ollows:
A. I£ used as residential, normal R-2 zone standards shall
apply.
B. I£ used as a day care/preschool/kindergarten center, it
shall be in accordance with staff's Exhibit 'C' and 'D',
(included in packet), which shall be accepted as meeting the
requirements of an Outline and Final Development Plan.
C. That curb, gutter and sidewalk shall be required to be
constructed along Jay Street with the change of use.
D. That a landscape buffer that does not violate sight
distance triangle standards yet provides a dense buffer, be
Certificate o£ Resolution Page 2
Case No. WZ-93-5/Foster & Forgo
placed between the parking area and Jay street. This could
include trees, shrubs and possible berming.
E. Exhibit 'C' be amended to show an asphalt pull-off along
the north side-of the structure (West 35th Place).
F. That visibility at the intersection o£ Jay Street and West
35th Avenue be improved, as per Public Works Department
request.
For the following reason:
1_ The proposed use is compatible with a residential area.
VOTE: YES: Eckhardt, Qualteri, Owens, Rasplicka, Langdon,
Crumpton & Johnson
NO: None
I,.Sandra Wiggins, Searetary to the City o£-Wheat Ridge Planning
Commission, do hereby and herewith certify that the foregoing
Resolution was duly adopted by a 7-0 vote o£ the members present at
their regular-meeting held in the Council Chambers o£ -the Municipal
Building, Wheat Ridge, Colorado, on the 21st day of,October, 1993.
~,.-rc.rq ~/ a`/Itll'~/'!-'~<< t~~` ,
~eorg~ LanC don / Ch ~rperson Sandra Wiggins, ~' etary
WHEAT RIDGE PLANNI3QG COMMISSION WHEAT RIDGE PLAN G COMMISSION
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CASE NO. SUP-94-1
EXHIBIT 'F'
February 1, 1994
~AiR/CK p~ ,BRuGE
I~f1~2 `/ M• Q R J C_~
~loa O /(iEUI~.9Nt~ sT
~eNV~~e c~~o , 8`oary
Dear ~~~iL. U. ~~sa~o~ ;
I am a regis[ered voter in your district wncemed about the opposition ro SUP - 94 - 1. I feel Nina Forgo,
the applican[, is proposing to address an important need in our neighborhood; trusrivorthy childcare.
I feel the need for infanUtoddler care outweighs the increase in tr~c of 40 to 50 cars per day and/or
aestheiic concems. Whea[ Ridge Pre-School and Kindergarten has a history of being a good neighbor and
I feel it will continue.
Please ..,~,...~..nt me in [his issue by voting for the passage of the Special Use Permit SUP - 94 -1
Sincerely,
.
~ ~ i i ~~
~ ~
~- l~JJ~
Planning Commission
7500 W. 29th Ave.
Wheatridge, Co. 80033
cmr oF W~tEAr RroGE
D~ r~ ra r2nii, ni-~ r-
l JAN 2 '7 1994
_i~~~~u u ~~.
PLANNIN6 & DEVELOPMENT
CASE NO. SUP-94-1
EXHIBIT 'G' ~T~M ~-
John & Geraldine Faes
6205 W. 35th Ave.
Wheatridge, Co. 80033
~f 3hy39~
As adjacent property owners, we have some specific __
concerns about the special use permit, requested in case
#SUP 94-1 for property at 3516-3536 Jay St., according to
Council Bi11 No. 30 Ordinance No.995
Section #1 (3) (b)
We believe the added traffic from the proposed day care
will.be detrimental to the safety of our family and children.
I have in the past called Wheatridge Police concerning the
traffic related to the corner of 35th and Jay streets. We
have seen numerous cars fail to stop at the stop sign when
travelling south on Jay street. This poses a gotentially
of~
dangerous situation. Day care parents, when dropping^or
picking up their children at the exsisting center, often park
facing traffic, which is a violation of driving on the wrong
side or parking on the wrong side of the street. This is
definetly a safety hazard.
Section #1 (3) (c)
We now see at the proposed sight an attractive home with
a beautiful, well established and cared for yard with mature
trees. Green lawn and trees must be removed to make room
for a black ashphalt parking lot. We cannot imag'ine this
happening in our neighborhood. We want to preserve the
established, natural beauty that we have in this neighborhood.
Section #1 (3) (d)
As we know, there is a reasonable amount of noise con-
nected with any day care, but with the addition of another
proposed day care, the noise and congestion will be even
closer to our home. Even now, we usuaily cannot open our
windows in our kitchen or dinning room upstairs because of the
noise. As the days get warmer, the noise increases. A few
times we have aTmost gone over to the day care because some
child was screaming and the workers didn't seem to care about
disciplining this action.
Section #1 (3) (g)
We do not feel the proposal for an additional day
care center and adjoining parking lot would be compatible zaith
the character of our neighborhood which now consists of grass,
shrubs, mature trees and well established homes. We do not
want to see our property values depreciate.
Sincerely,
/`~H G`l..~.~.~
/~' ~ohn Faes
~.~~'~.e. ~~
Geraldine Faes
~T~ (~'~ ~~
KENNETH R. LAMKIN, M.D.
FAMILY PRACTICE
205 S. GARRISON ST.
IAKEWOOD, CO 80226
303237,2779 FAX237.4428
February 7, 1994
TO: Wheat Ridge Pianning Department
RE: Case #SUP-94-i
CITY OF WHEAT RIDGE
~~~.~~.,.~1..~ ~
F~~s 0 €r iS°4
. ~ I~'~t~33 U LS ~
~LpNNIH~ & DEYfLOP~1f1~ii
Dear Planning Commissioners:
i am a family physician practicing in Jefferson County for the last 17 years. i wiil
show there is no proven public need as stipulated in the Wheat Ridge Codes 26-6
Section 1(3) (a) and, in fact, the proposed day care facifity is an inferior sofution for
families looking for day care.
I will also show the proposed day care center is detrimental to the heafth, safety,
and welfare of infants and toddlers when compared to other ciay care options in the
Ciry of Wheat Ridge.
The rate and severity of infections is greater in day care than in private homes.
(Wafd, ER, Dashefsky B et a1: Frequency and severity of infections in day care. J.
Pediatr 112:540, 1988.) The proposed day care center will be an environment where
on average Wheat Ridge young childrerr wiil be ili over 50% ofi the time during the first
two years of their fives. Day care, defined medicaffy as more than 6 children in one
facility, for children in the first 2 years, poses significant health risks. Day care infants
and toddlers on average have twice as many iftnesses, i8 per year. Each iffness tasts
twice as iong, 14 days. The~efore, your average day care attendee Wrill be sick for
more than 6 months each year for the first 2 years of life. These children suffer
illnesses that are primariiy respiratory and negativety affiect the normal chifdhood
development. For example, 1 in 5 day care children require tubes placed surgicaiiy in
their ears, white 3 in 100 chitdren in private homes require this surgery.
6ay care chi{dren do not have th~ intense one-on-one caregiver-child
relationship necessary for optimat psychosocial development. Infant and toddfer
rearing is an area where it is clear the smailer the facility the better.
Historically in Jefferson County, day care has been provided in private homes, a
few childreri per home. These chiidren do not have the increased health risk that
wouid be seen in the proposed facifity. Our current sqstem of smafi day care facilities
in private homes is clearly superior to the proposed larger institution.
I wifl relate the experiences of tw~o hypothetical infants to iliustrate these cruciaf
issues for quafity day care for infants and toddlers.
The Jones investigaied day care possibifities far their first child, Jennifer. Mr.
Jones' moiher wanted to take Jennifer, and their neighbor having a toddier of her own,
wanted to care fior ,iennrfer. But the deciding factor for Mrs. Jones, a nurse at Lutheran
Medicai Center, was her wish to breastFeed her baby. She chose the day care at
Lutheran, her workplace, because she couici be with Jennifer during breaks and iunch.
iVlrs. Jones coufd strengthen the bond with her daughter and keep an eye on the care
her daughter was receiving.
ln retrospect, Nirs. Jones wonders 'rf she made the right decision. Jennifer had
repeated respiratory infections, including 6~ar infections. Nirs. Jones iost 3 weeks of
work staying home with Jennifer.
Five years ago, the Smith'$ investigated day care possibilities fior their first child,
Shawn. Mrs. Smith's mother insisted on keeping Shawn until he was old enough to
benefit from the social experience~ at the iocaf day care center. Nouv Shawn is in day
care and fheir newborn, Sarah, needs a caregiver whiie the Smith's are at work. The
Smith's are reluctant to impose on mother again and the people at Shawn's day care
pointed out how convenrent it vvould be to have bofh chiidren at the same center. So
Sarah is enroffed in day care For infants and toddiers. AAom or dad can drop off and
pick up both chiidren at the same time, rrvhich is importanY for this harciworking coupie.
Sarah is a model infant. With her easy smiie and ability to occupy hersei~, she
is grouped vuith other napping and quiet children. Th~e da~r care staff are responsible
for the total care of 5 infiants each. Other infants, irritable because of iilness, lack of
sleep, and/or homesickness, take up the attention of the staff. Sarah, whiie not
neglected, is not closefy observed nor adequately stimulated. The Smith's work
across town and rarefy visit their chiid. Sarah is at risk for retarded sociat development
anci her inteliectual development couid be slowed. fn addition, Sarah has had
respiratory 'rlfnesses repeatediy, a known probfem in such day care facilities.
These examples illustrate that day care is an impertect solution with significant
health and safety factors negatively impacting the welfare of chii~tren. Meningitis,
surgery for insertion of tubes in ears, and enteritis are examples of conditions
prevalent in day care.
The proposed type of facility should be aliowed in our community only as a last
resort, if there is a proven public need. If there were a proven pub9ic n~ed for the
proposec~ day care faciiiry, citizens would be unable to work because day ca~e would
be unavailable. I have 20 ~rears experience as a f~mify physician intenriewing
hundreds of prospective and new parents. Parents are finding suitabfe day care. By
word of mouth, the telephone, po~ting buitetins, babysitting co-ops, interviews, etc.
these parents find suitabie ciay care. i have intennewed and examined numerous
providers of day care in private homes who must receive periddic health examination
by 1aw. Based on thSs exper'rence, 1 have conciuded ther~ is a ba~fance between
supply and demand for day care in our community.
Recentiy, a parent of a ct~iicf at the existing pre-school explained ta me why she
felt the infant and toddier cen[er was needeci. She reiated that she interviewed 60 day
care possibiiities per year and couid rrot fnd a situation that su~itecf her needs. This
parent felt she coufd trust the ovvner, Nina Fargo, and therefore wanted to use the
proposeci infant anci toddier center. This parent, in irrterviewing 60 day care
possibiiities, proves that day care is currentfy avaiiable. i believe peopte tike her are
having difficuity finding day care because their personal need is to be at home with
iheir infant. In putting their ti~ust in tiina ~argo, who wiif not directly care for their child,
this mother is kidciir~g herseif. Nina vuiii hire someone the mother has not interviewed
to care for her infant and 1Vina wiil be unable to adequateiy supervise these hirelings
as she v~rouici nouv have two buildings to supervise.
it is my befief that tnere is a proven pubiic need ta create networks to p~~~Y OF V~~'y'~, T RI~
parents anci private home providers of day care togeiher. There is no need to
n _.., •~~~ !7(~.L'-`
~~ r- r r~ !~ 0
r~~ ~ E ~,;94
_~~~~su~~'
PLANNfN6 & DEVELOPMi
jeopardize the health and safety of our infants and toddlers by creating a farge day
care center at 3516 Jay Street.
Currently we have an American smaff town sofution o# neighbors, friends,
family, and others cooperating to benefrt aSi. 1PJarehousing up to 30 infants in a dupiex
as proposed 'by this appticant is another American phenomenon--the errtrepreneurial
spirit. Rs a founder and part-owrrer of a small business in Jefferson Courrty, I
undersiand the pre-schooi owner's motivation. However, her proposai meets no
proven public need, is incompatibie with Wheat Ridge Ciry Code, anti is incompatible
with this neighborhood.
If there is a scarcity of larger day care facifities in Wheat Ridge, it is because this
kind of day care is inferior. If the Pfanrring Commission vvishes to encourage targer
day care institutions, i suggest the proper focation woutd be at the workplace where
parents can visit their children.
i he Planning Commissioners should reject the appfication fior expansion of the
pre-school and kindergarten. There is no proven public need. The targe day care
facifity would unnecessarily expose the young chitd~en of Wheat Ridge to unnecessary
health risks. The Planning Commission is obiigated to protect fhese chifdrens' weffare
under Wheat Ridge City Code 20-6 Section 1(B) (3) (b) and 26-6 Section 6.
If the Commissioners in their deliberation of a~ii the facts determine they would
choose to pass on the appiication to City Councii, 1 wouid object based on Wheat
Ridge City Code Section 26-7 (A} (1). "It is the intent of this Zoning Code to permit
these nonconformities to continue untii they are votuntarily removed, or until they are
amortized, but not to encouraoe their survival. it is further intended that these
nonconformities wili not be enlarped exqanded, or extended. nor wilf thev be used as
arounds for addina other uses or structures prohibited in the district. The existing pre-
school needs a Speciaf Use Permit befiore consideration ofi expansion. Until #he pre-
schooi obtains a Special Use Pennit for its current use as a pre-schooi/kindergarten,
no orga~ of city government may consider expansion of the nonconformity. No organ
of city government can use the existenc~ of tiie pre-schooi as grounds for adding other
uses, i.e. infant and toddler custodiai care.
Sincereiy,
~~~G.2i~~ ~~
Kenneth R. Lamkin, M.D. CITY OF V~fNEAT RIDGE
~ ~r~nn np -.
FEB ~3 S 1994
~~`~~.~su-~~~t~
?LANNING & DEVELOPMENT
KENNETH R. IAMKIN, M.D. .
FAMILY PRACTICE
205 5. GARRISON ST.
LAKEWOOD,CO 80226
303237Q779 FAX 237A428
11~M ~3
CITY OF WHEAT RIDGE
~.~ f? ~~_~~.~L.~
D~ FEB 0 8 1994
February 7, 1994 '
. 1~ ~~_V~ ~
TO: Wheat Ridge Planning Department -
RE: Case #SUP-94-1 PLANNtNG & DEVEIOPMENT
Dear Pfanning Commissioners:
I am not opposed to the issuance of a Special Use Permit fior the pre-schoof in
principle. However, I would expect the pre-schooi to first come into compliance with
Wheat Ridge City Codes 26-31. i wouid expect the pre-schoot to blend into the
neighborhood in all respects.
Our rejuvenated neighborhood is a friendly ptace with a natural beauty as
stated in the Comprehensive Development Pian. The neighbors have made
substantial improvements since the home at 3536 Jay Street was converted to a pre-
school over 30 years ago. Until now, the pre-schooi has not needed to meet modern
standards because of grandfather clauses.
iVow it is the pre-school's tum to rejuvenate itself, come into compiiance, and
improve its appearance. i would oppose issuing a Speciai Use Permit until the pre-
schooi, in consultation with the neighbors, has an acceptable detailed plan to
accompiish this.
The neighbors and the Wheat Ridge Planning Department have pointed out
current deficiencies in the pre-schooi. it is time for the pre-school to be a good
neighbor and make a good faith effort to comply. While I am supportive and in
agreement with neighbors complaints about traffic, noise, visual blight, and
nonconformity of the pre-school with the neighborhood, 1 will address health and
safety issues only.
There are health concerns in the 2-1 /2 to 6 year ofd range. The younger day
care children in particular will have a higher rate of iilness, including meningitis,
enteritis and surgery to piace tubes in their ears. This must be weighed along with the
benefits of sociaf interaction and tearning provided at the pre-school.
The serious safety concern f have is the failure of the pre-school to compiy with
nationai safety standards enacted into Wheat Ridge City Code 26-31 regarding
required off-street parking. According to the Ptanning Department repo~t, the pre-
school has 7 spaces when "at least 11 off-street parking spaces are requireci".
It is the duty of the Ciry in the interest of child safety to separate, as much as
possible, children from vehicles. f was informed by city staff that additional parking .
spaces wouid sacrifice at least partof the playground. if this is unacceptabie, then f
demand the number of children allowed at the pre-school be reduced to conform with
26-31. •
One might think this is an onerous economic burden to place on the owner.
One might propose that since there may not have been an accident in over 30 years,
then why impose a new standard now. it only takes one accident to ifiustrate why the
City must enforce its code. A smali child is run over by a car backing out of the
inadequate parking area. Think of the emotionai and economic burden it wouid
create. Consider the city's liability in the event of a suit if the Ciry wiflfully ignores
warnings such as mine and doesn't errforce its own safety code.
I implore the Planning Commission to make the safety of the chiidren attending
the pre-school a paramount concern. Ivlake compliance with the Wneat Ridge City
Code 26-31 a condition for issuance of a Speciai Use Permit for 3536 Jay Street.
Sincerely,
~~~~~.~. ~,~
Kenneth R. Lamkin, M.D.
CITY OF W:~4r3' r 1DGE
~JJ ~-~~f i~n.,~~r (~
FEB 0 8 9994 1
-~~'~~U U~L1
PLANNING & DEVELOPMEN7
~ i`EM ~~1
DATE: February 7, 1994
TO: Wheat Ridge Planning Department
Wheat Ridge Planning Commissioners ~ C(TY OF WHEAT RlDGE
~nn_o~~
~ROM: Susan Seeds
6147 W. 35th Avenue FEB 0 8 1994
WheatRidge, CO 80033 `~~~~U ~ ~~
RE: Case # SUP-94t pLANNING & DEYELOPMEN'~
Dear Pfanning Commissioners:
Zoning can be art effective method for stabikzing neighborhoods, buifd pride in
cily and neighborhood, and support commerciai ventures. Zonings' purpose is to
nurture and protect residential neighborhoods and to nurture pianned commercial
ventures, Zoning creates areas for residential neighborhoods separate from zones for
commerciat development.
Cities that have been successfui in sofving the inherent problems that arise
when commerciat and residentiai interests confiict are desirabie cities to Iive in. The
Wheat Ridge Comprehensive Development Ptan (CDP) goafs and objectives °are
ideaily an expression of the wili of citizens concerning future development of the City.°
This aititude speaks weli of the pianners of Wheat Ridge.
Speciai Use Permits contradict the above zoning principles. To spot zone an
incompatible use within a zone degrades that zone. Speciat Use Permits should be
special, indeed they shoufd be rare. They shouid not be a vehicle for any citizen with
a plan to subvert the Comprehensive Devefopment Plan of Wheat Ridge.
The proposed expansion of the pre-school, iocated at 3516 Street, wouid
degrade our R-2 neighborhood. Our neighborhood is designated a tow dens+ty
district under the CDP. According to Wheat Ridge Code 26-14, the in#ent and purpose
of creating a~ R-2 district is to provide "high quality, safe, quiet and stable low- to
moderate-density residential neighborhoods, and to prohibit activities of any nature
which are incompatible with the residentiaf character".
Historically there has been a nonco~orming business, a pre-school, in our
neighbofiood which does not meet Section 26-6 Section 1(B) (3j Criteria for Review.
It has traftic problems Parents who drop off their children often paric on the wrong side
of the street, make iflegai U-turns, and create traffic flow probiems when cars are
parked on both sides of the street. This probfem is caused by nof enough parking
spaces at the pre-school. According to police records, the intersection of Jay and 35th
Avenue has been the site of 5 accidents in the past 6 years. Any additional traffic on
our street is unacceptabie to the neighbors, as our street is used by bicyctists and
trad+tionaily has been used by peopie waiking for exercise.
Tfie existing pre-schoof has noise ~roblems. Perhaps some noise from playing
chiidren can be tolerated with weif thqught out pianning, inciuaing high fencing and
bushes. Cry+ng infianis and toddlers, however, wouMd be unacceptabfe. During the
summer months it would be cruef not to open windows, which would aiiow noise to
filter out. No amount of pianning can deai with this fype of problem. Crying infants and
young children make many adufts nervous. A nervous aduit may not deaf well with
their own children. Listening to crying infants can make life very difficuit.
The expansion ofi the pre-schooi would also cause visua! biiaht. Adding a
parking lot in our neighborhood is unacceptable. (See petition.) The CDP states,
"Some areas take on the character of a friendiy small town with greenery, quietness,
openness, friendly neighbors and lack of congestion" This describes our
neighborhood without the pre-school. The pre-schooi does not fit with this
characterizatian, let aione doubiing the problems created by expansion onto the
adjacent property. One can feel the sense of rurafness on our bfock. The ditch creates
a habitat for birds and animais. A horse can often be seen grazing during the spring
and summer months. This is the kind of neighborhood we moved into and want to
keep. °Wheat Ridge does and wiil attract the kind of people who are drawn here by its
character and should resist the temptation to become just like another ciry or suburb."
(GDP)
°Localized commerciai and fight industry are desired and needed to provide
services, reasonabie empioyment and economic base, but need strict zoning to
provide adequate safeguards against loss of value to adjoining residential property,
and to the established quality of tife in the community." (CDP) Property values are
sure to drop due to additional noise and traffic, not to mention doubling the business
and the view of a parking lot full of cars. There are a number of rental properties
adjacent to the pre-school which leads to neighborhood instability. in some cases the
owners may have moved because of the amount of noise made by chifdren on the
playground and excessive noise coming from within fhe center itself. Rental
properties, due to their nature, provide an opportunity for criminal elements to move in
and rental properties often receive tess care and become an eyesore, thus devaluing
other properties in the neighborhood.
Due to traffic, safetv. noise. ~isual bliqht. devaluation of propertv value. and
incomoatibilitv with the CDP. the existina pre-school does not meet the Criteria For
Review under Section 1(8) !31 of the amended zonina ordinance reaardina Saecial
Use Permits. Many ofi the pre-school neighbors have stater} either in writing or before
the Planning Commission their objections. The Commissioners should evafuate
whether the applicant can prove the SUP's Criteria For Review is being met.
Neighbors can heip show whether the applicant does or does not meet present
standards. The appficant also should show how compliance would be met ifi the
property is nonconforming. In fact, the burden of proof shouid be the appficanYs
responsibility, especiafly when there are questions regarding whether the intent of the
Comprehensive Development Plan and the Wheat Ridge City Codes are being met.
(See petition.)
Traffic, safety, noise and visual problems created by the existing pre-schooi
need to be addressed regardless of the outcome of the proposed expansion. "The
people desire city streets ad2quate for local needs and weil maintained and regulated
against danger and excessive noise." (CDP) ~he pre-schoof, as operated, has a
negative impact on our quiet R-2 neighborhood. Any expansior~~r~.al~~k~EAT RIDGE
situation worse.
,~ ~ f ~.~~ ~
i ~~, FEE C 8 1994
~ ~,..
~.~ t, i_. __J~u` I `~ ~
P1,4"ih~ll,;; ?~ DEVELOPMENT
i urge the Planning Commissionners to deal with these two properties
separately. These properties require separate decisions. The issues raised should be
looked at separately. The existing pre-school, located at 3536 Jay Street, is
nonconforming at present and a Special Use Permit is needed in order for iY to
continue in the future. Compfiance with Speciaf Use Permit Criteria For Review needs
to be addressed and a specific pian submitted as to how compiiance would be met. At
present the plans submitted by the applicant are not adequately detaifed. The
neighbors do not feei comfortable with the lack of details.
Expansion onto the adjacent property, located at 3~16 Jay Street, should be
addressed separatefy. The Commissioners shouid note the proposed expansion is
not acceptable to many of the neighbors located in proximity to this property. (See
petition.)
Expansion in this case wiii produce an additionai nonconformity where one did
not exist before. Section 26-7 Noncorrforming iots, uses and structures, (A) lntent
clause is quite ciear on this matter. "It is the intent of this Zoning Code to permit these
nonconformities (the pre-schooi) to continue until they are vofuntarily removed, or untii
they are amortized, but not to encourage their survival. It is further intended that these
nonconformities wil( not be enlarged, expanded, or extended, nor wilf they be used as
grounds for adciing other uses or structures prohibited in the district. in cases where a
nonconformity constitutes an eminent pubiic safety hazard or threat, the
nonconforming situation may be ordered corrected or removed." There are traffic
concerns afready stated regarding the pre-school as it exists. Adding additionai traffic
wifl cause safety probiems which may be difficult to remedy. The entrance and exit to
the parking lot at 35i6 Jay Street wilf create new traffic hazards. Serious
consideration should be made regarding traffic as young children are involved. As
adults we may see the dangers and act accordingly. Young chifdren, even when told,
do not always understand the dangers created by cars. Aiso, some of these chiidren
are dropped off early in the morning while it is stiff dark. Others are picked up at night
in the dark.
If the Planning Commissioners approve this portion of the application, specific
plans for how the applicant wiil come info compiiance with the Criteria for Review
regarding this property, should be submitted before a Permit is issued. Plans are not
adequately detaifed #or the neighbors, nor do they adequately address bufFers, traffic,
noise, parking, and landscaping.
i thank the Planning Commissioners in advance for their time and effort in
addressing all the above mentioned issues before making a finai decision and for
weighing the facts presented.
Sincerefy,
~~~ .!'UI/~~~~ ~~'~~~oE~`" '
C('f'Y OF 1NN~;aT RIDGE
Susan Seeds (~ -~~P~.~~~
Inci. 3 Petitions ~ FEB 4 8 1994
L i~'~L,ll _LT6 ~
PL~NNING & DEVELOPMENT,
~ ~
I, NIISA FORC~~~JIT SSED THE SIGNATURES BELOW AND ON TAE ATTACHED
PAGES - /// ~ - - - - - - p - -- -
S~~r.a.~ anu we~-v. '~e r..2\ ~~i~~~~'~.. Jyl~o~}'ti aav, 03 ~eb.rvo,-.-"~ s ~`~~It.
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January 27, 1994 i~o-}a\~,e M.t~emb, , a5o~o.r.~-~v5`;c. '~Je.c.~.-.ROe"r ~tb, 1994
I SUPPORT THE EEFQRTS OF NINA FORGO AND ROSE FOSTER IN .GETTING THE
SPECIAL USE PERMIT TO EXPP,ND THE PRE-SCHOOL OPERATION'S TO INCZ,UDE
INFANTS AND TODDLERS. I DO NOT FEEL THAT IT WILL CAUSE AESTHETIC,
AEALTH, OR ENVIRONMENTAL CONCERNS. WHILE THERE WILL BF, A SMALL
INCAEASE IN TRAFFIC, I THINK THE SERVICE IS AN ASSET TO OUR
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S i9ned W~c~ ~c~orri -tp 'f~ln.ts Io~ `A ~' ~ebruaw ; i994.
January 27, 1994 ~a ~ ~ -O~~ ~ ' ~~ ~~ ._ e ry2tSSfon~~~~-~S .~
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I SUPPORT TI3E EFFORTS OF NINA FORGO AND RdSE FOSTER IN GETTING THE
SPECIAL USE PERMIT TO EXPAND 'PIiE PRE-SCHOOL OPERATIONS TO INCLiTDE
INFANTS_AND_T_ODDLERS. I DO NOT FEEL THAT IT WILL CAUSE AE$THETIC,
HEALTH, OR ENVIRONMENTAL CONCERN5. WHILE_THERE WILL BE A SMALL
INCREASE ~IN TRAFFSC, I THINK THE SERVICE IS AN ASSET TO OUR
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January 27 , 1994 ofiar~ rutol'c~ ~ M~~~y~ S~ prq~yG~
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I SUPPORT T$E EFFORTS OF NINA FOk2G0 AND ROSE FOSTER IN GETTING THE
SPECIAL C78E PERMIT TO EXPAND THE PRE-SCHQOL OPERA'PIONS TO INCL[~DE
SNFANTS AND TODDLERS. I DO NOT FE$L THAT IT WILL CAUSE AESTHETIC,
HEALTH, OR_ENVIRONMENTAL.,CONCERNS. WHILE TiiEBE FIILL BE A SMALL
INCREASE IN SRAF~'IC, I THINK THE SERVICE IS AN ASSET TO OUR
NEIGHBORHOOD._
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S t9nc-~ euw~d sux~rn ~ me ~l-h i s( o~- ~ o~ ~b~~ ,1~4
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January 27, 1994 ~ -~~~~y~Qn a~~~~
I SUPPORT TI~E EFFORTS OF NINA FORGO,ANA ROSE FQSTER IN GETTING THE
SPECIAL USE FERMIT.TO EXPAND_THE PRE-SCHOOL OPERATSONS TO SNCLUDE
INFANTS AND TODDLERS. I DO NOT FEEL THAT IT WILL_CAi7SE_AESTHETIC,
AEALTH, OR ENVIAOA7MENTAL.CONCERNS. WHILE THERE WILL BE A SD7ALL
INCRE~SE.IN TRAFFIC, I THINK THE SERVICE IS AN ASSET TO OUR
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NEIGHBORHOqD RETITION
c~rr ~F w~nn nt?~n
IIl~U& ~~LOPMENT.
P~pN~y1NG
We, the neighbors of the Wheat flidge Pre-School and Kindergarten, locafed at 3536 Jay Street,
urge the Planning Commissioners to esiforce the amended Comprehensive Plan for Wheat Ridge.
DATE PR1td~ED NAME S1Gf,~,!~D i~1At~iE ADDRESS
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~~~~w~~s~'~~,a~
l~
' 1T~ M -~ l~
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NEIGHBORHOOD PETITION .
CITY OF WNEAT RIDGE
~ ~~nn.n.~~
l FEB 0 8 1994
. U I~ l!'J L~-~ U UTS~.
PLANNING & DEVELOPMENT
We, the neighbors of the Wheat Ridge Pre-School and Kindergarten,,located at 3536 Jay Street, do
not want a pa[king lot on the north east corner fa~hg 35th Avenue, as it would not be in harmony
and compatible with the character of the surrounding neighborhood.
DATE PRINTED NAME StGNE NAME
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ADDRESS
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1- I 7-~i ~l 9/, i/, ~, n~~ ~( l,L~• i~` ti, `~/-~/~ 1~/I~ c.cJ 3~/'L
~~Ty pF ~/HEAT RIDGE
~~~~~~~~
~ ~EB 0 8 1994
~l'~JL~Li 1) ~~.
PtAd#i#tM6 & D~iOP~lf1i'f.
NEIGHBORHOOD PEfIT1~N
We, the neighbors of the Wheat Ridge Pre-School and Kindergarten, focated at 3536 Jay Street, do
not want a parking lot on the north east corner fdcing 35th Avenue, as it would not be in harmony
and compatible with the characte~ of tlZe surrounding neighborhood_
DATE PRIM'ED NAME SIGNED NAME ADDRESS
/~?r-~i•r~ ~'l1~.~i~.yFr~:yre,v ~l j. ~ ~~ /~.~d CiJ~.t~/~i,~z~
1-~3-9~ ~kiiJ1L-'1'1¢ L~1,~tK1AI ~ ~~1~7 LJ 3S"~Avr>
~~~~
( ~~~2~- ~,~~_~c.,~lp ~ ~1~~~.e~~~~~r~o 3?~ < ~a~ ~ ~
~ -r~ ~n, ~~ y c~ I ) S A1,V ~ ~~ 5 _ _~5.'~~!r'I ~:k~~ (2,f U ~1. L(~, ~ s~~ ~v~
.~I~~ #~
NEIGHBORHOOD PETITION
We, the neighbOts of
C~Ty pF WHEAT RIDGE
D .nr~nn .n_cz~'
FEB 0 8 1994 ~
~~~ EVELOPME~'
P~,pNNING & D
the Wheat flidge Pre-Schoot snd Kindergatten, located at 3536 Jay
Street, in order to preserve our neighbhorhood, oppose alt efforts to expand the pre-schooi.
.~
DATE PRINTED NAME S1GN NAME
~ /~-1Y !~"PYc~~i~l:' ~~° S ~ ~~aJ
~ -i~-9y J~ i~ ~~ ~u~s / ~;;;... ?-~ 3
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ADDRESS
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'
" CITY OF WHEAT RIDGE
t~r~nn.n~ ~
D FEB 0 8 1994
_ .~~~u u ~U~
PLANNING & DEYELOPMENT
NEIGHBORHOOD PETITION
We, the neighbors of , tfie Wheat Ridge Pre-School and Kindergarten, located at 3536 Jay
Street, in order to preserve our neighbhorhood, oppose all efforts to expand the pre-schooi.
;,6 , ,
DATE PRINTED NAME SIGNED Jy~M~~ ADDRESS
r/ ~//l/
1-~,3'4~ f.F..r1~fIE7'F/ L~I,uk1<l ~~ ll~L7 Ld 3r~` /~d~
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.-. ~ f~ -y~y Sc, ~, ~,u C ~,-,-„` ~~%~U.~',,rl',~.~ ,~~ i.r.. 3 s~ -~ ri~~
~T ~ ~S ~-g'
Date 1 t ~ . l ~ /~ ~~~
TO: Wheat Ridge City Council
RE: SUP-941
Dear Council Members:
~, ~- ii~,~l.ti ~r,~ft~~`c , am legafly
protesting the expansion of the Wheat Ridge Pre-School located at 3616 and 3536
Jay Street.
My property is adjacent to the Pre-School and is located at
lr I5~ ~v~ ~S~ ~vz_.
Sincerely,
i ,
~, . c ~ ,,., ~;<<
~_ ., r~c ~.nic:...T ftID(=^
' I I ir }' ,~.;,q(} ~
~ ~._.- ..~
1 i- . ;~ ,~-{~
, / V ~
p~.ANNING & DEVEL9?~~~T
Dat~ 7", ~~ // /% %~
~ ,
TO: Wheat Ridge City Councii
RE: SUP-941
Dear Council Members:
~ ~~/
I, 1~~.?~; ,,/: ., ! 1~.~~ ~T.-~__ am tegally
protesting the expansion of the Wheat Ridge Pre-School located at 3616 and 3536
Jay Street.
My property is acJjacent to the Pre-School and is located at
l// /. /;v:.f ._~_S-Z~' ~.J.
,
/.~~_.~~Y:~<<y~, ~~~~'~~
~-
Sincerely,
/,
,`_! ~ _i~,
, ~ J
~ : ~. `~a ~
"' _.. OF Wf~~-.' RIDGE
;~nr~~~r ^
~ FzB 1 .'. ::7~4
t~ ... . . .. j . .r
. L ._~ i~; , ;~ ~ ~
PEANN(P!G '. L~~'rELOPM.€IV~
,' i~ -~i ~
Date -~~'
TO: Wheat Ridge Gity Council
RE: SUP-94i
Dear Councii Members:
We, ~.J~~l~rt /~ `f- ~,Pr« l~~~r,E. / • /'~i F' `, ,, are legally
pcotesting the expansion of the Wheat Ridge Pre-School located at 3616 and 3536
Jay Street.
Our properiy is adjacent to the Pre-School and is located at
<~- ~, ~/ ' E ~1 ~~1~ ~ >
~~C.') ll/ , iJ f' Aa~ LG' 9E<<fR~G'J'r. i.
~' .s ,
Sincerely,
_._ /~~~t~lG•,w
/~
. !! 1. r' ~
/ `/~C4'r-/
~~' '~
Y = ~~~
^'TY OF WHEAT RfDGF
'~,~' r•. (-r'flil:(J~I =~
!)
;I ~ ~ r-~ 1:'_ ~994
u u ~.. _; ~~tJZSi.~
PLANNIic.; & DE~ELOPMENT
Date r~~- \\ ~~1~~ ~
TO: Wheat Ridge City Councd
RE: SUP-941
Oear Council Members:
~, ~j~c~, l~v\ ~, ' am Iegaily
~ ~~~
protesting the expansion of the Wheat Ridge Pre-School focated at 3616 and 3536
Jay Street.
My property is adjacent to the Pre-School and is located at
~: ~ ~ ~ i 1 ~>. ; ~ C~ ~ ~~;~.
,~,~.,~1~<^~C ~~ ` i >~ ~ ~ ~'`,C.~~~ % 5~
Sincerely,
\~~: 4:• ~ ~~,•~ ~,~ ~~> ~\~,;...,~,1
) ~ ~
'l r('.-'.:-: _';~
~ ~ __.. ~, ~ I 1
! ~ I
~ FC~ ; ~
1 ~ ~~ _.~_il-~~~~~~,
PLANNING, & DEVELOPMENT
~"i ~~t #~}
L'~TY O;' bVF+^ :7' R~~~'aE
~ ~^,~~-, ~
Neighborhood Conditions RE: SUP-941 '--~r-
(If one or both businesses are passed) F~n 1~:gq~. j
~;1:;;., ~
~ ~" ;J
1. At 3536 Jay Street business, neighbors want compliance with Sect~i~~~r8~ ~~p Nr
a Specia! Use Permit is granted.
2. At 3536 Jay Street business compiy with "Minimum Rules and Reguiations for Child
Care Centers", issued by the Office of Chiid Care Services, Coforado Department of
Social Services.
3. At 3516 Jay Street business comp{y with "Minimum RuVes and Reguiations for Chifd
Care Centers", issued by the Office of Child Care Services, Coforado Department of
S.ocial Services.
4. Comply with the Americans with Disabilities Act.
5. Require asphalt parking at 3516 Jay Street.
6. At 3516 Jay Street business comply with safery codes regarding required off-street
parking, Section 26-31.
7. Comply with Condition #2 of the (X) Staff Recommendations, dated 1/26l94, 3536
Jay Street which states, "The Special Use Permit be limited to a day care center for up
to 45 preschool children and kindergarCners."
8. Allow no more than 23 infants and toddfers which is the number stated by Nina
Fargo as the number she expected at the infant and toddler center.
9. Include the Faes' exhibit conceming iandscaping at 3616 Jay Street business.
10. Install stop sign going east and west on 35th Avenue at Jay Street.
11. Noise mitigation plan to include:
Solid double wood fencing or equivalent;
Staggering times children at pre-schoo! area outside;
Supervised planned activities when children are outside;
Department of Social Services approved air conditioning and ventilation
system at infant and toddter ce~ter to al4ow windows at infant and
toddler center to remain closed at all times, only exceptions: air
poflution, breakdown of air conditioning or ventiiation system,
emergency exit due to fire.
12. Landscaping to include removal of sign on 35th Avenue. Any sign on Jay Street
should blend into the neighborhood.
13. Appiicant to obtain variance from 26-31 (C) (6) (b) desigrt standards that require
100 ft. spacing between entsa~ces or ~xits on same {ot. We ~NN..~2 grarrting such a
variance because the applicant's proposal, a 45 ft. distance between entrance and
exit, aggravates a public safety problem created by the presence of traffic from the
existing pre-school. We belseve the pubfic works director may not modify or waiver this
requirement under 26-31 (C) (6) (f) because a modification or waiver would not have
its primary purpose of presenring public safety.
J. -("E N~ ! o
February 23, 1994
Wheat Ridge City Council
29th and Wadsworth
Wheat Ridge, CO 80033
Dear City Councif Members:
Please read the enclosed fetter that 1 sent to the City Attorney. Ms. Schroeder
has not extended me the courtesy of a reply as I requested.
Thank you.
Sincerely,
,~ ~~~ ~~ ~~~
Kenneth R. Lamkin, M.D.
6147 W. 35th Avenue
Wheat Ridge, CO 80033
r l ~ /v{ ! D~
February 16, 1994
Ms. Kathryn Schroeder
7500 W.29th Avenue
Wheat Ridge, CO 80215-6797
Dear Ms. Schroeder:
I respecifully disagree with parts of your legal opinion concerning whether or
not the protest procedure set forth in Section 5-10 of the City Charter applies to actions
taken by the City Council consisting of the granting of a special use permit.
I agree with your interpretation in paragraphs 1 thru 4 of your memorandum of
1/28/94. The critical language is stated in your paragraph 2.
"Ti~e Council shall have to power to amend, supplement, change, or repeal the
regufations, restrictions and boundaries ofi zoning districts within the city."
In paragraph 5, while I do agree that speciai use permits do not affect the
boundaries of a zone district, I disagree with your opinion that special use permits do
not affect the underlying zoning district. Special use permits do impose "regulations"
and do apply "restrictions" to the use of the underiying zone district. These
"regulations" and °restrictions" definitely affect the zone district as evidenced by the
strong neighborhood opposition to SUP-94-1.
I contend that the legal protest is used when a single parcel of property is
applying for a change in boundary (i.e. zoning change), therefore the legai protest can
be utilized when the "regulations and restrictions" of a single parcef of property is
changed, as in the issuance of a special use permit.
In other words, if a special use permit imposes "regu}ations" and appiies
"restrictions" to a single parcel of property then a fegal protest can be used, just as a
legal protest is used when boundaries of zoning districts for a singie parcel of property
are in dispute.
The language of Charter Section 5-10 as reproduced in the letter is clear. 'Fhe
Council "has the power to either amend, supplement, change or repeal". The
language that fiollows lists °regulations, restrictions and boundaries". The fegal protesf
has been used for "boundaries" in zoning disputes for single parcels of properiy.
Therefore the legai protest may be used when "regulations and restrictions" on a
single parcef of property are imposed as in the special use permit.
I look forward to a response from you within 7 days. If I do not have a response
from you, I will forward copies of this letter to City Council members.
RespectFully yours,
~~ ~~~ ~' J
Kenneth Ft. Lamkin, M.D.
6147 W. 35th Avenue
Wheat Ridge, CO 80033
.--~~` ~ ! ~ M it
CITY OF WHEAT RYDGE -- MEMQRANDUM
T0: Robert b[iddaugh, City Admiaistrat~~qq~~~j
FROM: Rathryn Schroeder, City Attorn~~
RE: Interpretation of Applicabilit Charter Sec. 5-10
DATE: January 28, 1994
You asked for my leqal opinion concerninq whether or not the
protest procedure set forth in Section 5-10 of the City Charter
applies to two different situations.
First, you asked for opinion concerning whether the protest
procedure applies where the action to be taken by the City Council
conaists of the granting of a special use permit. Paragraph 1 of
this Section identifies certain actions of the City, including
certain land use actions, which must be accomplished by ordinance.
The land use actions for which an ordinance is required include
those actions which would constitute '~ ..placing any burden upon or
limiting the use of private property."~ Clearly, this would include
the granting of a special use permit. The only conclusion to be
drawn from the language of this paragraph is that a special use
permit must be granted by ordinance.
Paragraphs 2 and 3 of this Section, however, are the
paragraphs crucial to the issue of which City actions are subject
to protest. Paragraph 2 states that:
The council shall have the power to amend, supplement,
change, or repeal the regulations, restrictions and
boundaries of zoning diatricts within the city. Such
chaagea shall be adopted by ordinance after a public
hearing at which parties in interest and citizens shall
have an opportunity to be heard. (emphasis added) ,
«
This paragraph identifies certain types of land use actions to
which the protest ia applicable. It is my opinion that a protest
is applicable onlv to these decisions because o£ the use of the
words "such changes" in both paragraph 2(see highliqhted text,
above) and paragraph 3(the protest procedure paragraph), whiah
picks up and uses the exact language by atatinq that a protest
against "such changes" may be made. Thus, the only analysis
remaining is to determine whether the granting of special use
permit falls within the definition of "such actions" described in
paragraph 2 of this Sectian.
~%
,
~
For the granting of a special use permit to be subject to a
protes~, then, it must fit within the definitioa of an action to
~~...amend, supplement, change or repeal the regulations,
restrictions ~nd boundaries of zoning disGricta..." (emphasis
added) It is my conclusion that the granting of special use permit
is not an amendment to, supplement to, change of, or repeal of the
regulati.ons, restrictions and boundaries of a zone district. It is
merely an amendment to, aupplement to, or change of the regulations
and restrictions impoaed upon a single parcel of property, not a
zone district. The underlying zone district itself is not affected
by' the grantinq of a special use permi.t. If the broad lanquage
used in paragraph 1 to describe which actions must be by ordinance
("...placing any burden upon or limiting the use of private
property") had been used in paragraph 2 to deacribe which actions
were subject to protest, I would conclude that the granting of a
special use permit would be subject to a protest. That lanquage
was not used, and the types of land use actions specified in
paragraph 2 as being subject to a protest were significantly
narrowed by the language of that paragraph.
If the citizens of Wheat Ridge had chosen to protest the
City's amendment of the Code to require special use permits for
certain activities in certain zoning districta, I believe that
action would have been subject to a protest, sinoe it was an action
to amend, snpplement or change the "...regulations, restrictions...
of zoning districts." The citizens did not choose to protest that
City action, and it is my opinion that the granting of any
individual special use permit is not subject to a protest.
Your second question concerning the availablilty of a protest
concerned a situation where the City was conside~ing enacting a
mass re-zoning. It is my opinion that a mass rezoning is an action
^to amend, supplement, change, or repeal the regulations,
restrictions and boundaries of zouing districta within the City,"
and therefore wauld be subject to a protest.
If you have any questions or concerns about the contents ,of
this Memorandum, feel free to contaCt me at your convenience.
CASE NO. SUP-94-1
-EXHIBIT 'H'
Pre-School, Inc., d.b.a
RIDGE P~E-SCHOOL
AND
• ~ INDERGART~N
1 • Cfi'Y ~ AN1~EA'~ R4DGE
~ , , ~' ~71~~~~'
F~~ ~ ? ;~`~~€
February 22, 1994 ,~~j~~~-y~ ~~
PWlNBNG & DEVELOPMENT,
Meredith Reckert
Planning and Development
7500 West 29th Avenue
Wheat Ridge, CO 80034
Re: SUP-94-1
Dear Ms. Reckert;
I am concerned about a possible misunderstanding of the
number oP children enrolled at Wheat Ridge Pre-School and
Kindergarten. I would like to clarify the issue of the number o£
children the pre-school is licensed for, versus the stated number
of children on the books, or physically present at any one time.
The State of Coloraclo, Child Care Licensing Division, has
licensed our center for 57 fulltime students. This does not mean
that our enrolled numbe of children is the same. We have 80
children currently enrolled(on our books) as of this date. We
have added l0 children in the past week due to circumstances at
other child care centers in the area. All these children are not
at Wheat Ridge Pre-School and Kindergarten at the same time. We
have some children who come before and after elementary school. We
have Monday, Wednesday, Fr.iday 1/2 day attendees; we have Tuesday,
Thursday attendees. Schedules for the children vary greatly,
according to family need. The stated 40 children average reflected
in the staff report of october 13, 1993 was based on a 6 month
lunchtime attendance average.
Further the staff report of October 13, 1993 states that we
have 4-5 fulltime staff. I feel it must be understood that the
definition of fulltime staff is an employees who works over 30
hours per week. It so happens, that under those terms we have have
more 3/4 time staff, or 1/2 time staff. We have three to four
working fulltime under those terms( one staff works under 30 some
weeks and over 30 other weeks). We have three who work 3/4 time,
and we have 1 who is parttime.
The results of the Comission meeting of 10/21/93 was the
acceptance of the requested change from RC-1 to PCD, as stated in
the CERTIFICATION OF RESOLUTi~4~Day fit~YY OF WHEAT RIDGE PLANNING
WHEAT RIDGE, CO 80033
424-7485
~
~~*R*RTS.S~.O"F(' with uses allowed to be....day care-=center Por up to 80
ii~fant, toddlers, preschool criildren and kinderqarten....
Somehow in this process, I do not want anyone to lose sight
of the fact that we are currently licensed for 57 fulltime
ohildren, aged 30 months through 12 years old at the current
£acility. Further, I have agreed to, and the square footaqe
concurs, that the infant/toddler-addition would have a maximum of
23 fulltime children=---thus arr'sving at the 80 child maximum
figure. -
Please help me clarify this issue with all concerned.
Respe~lly,
Nina Forg
424-7485
~ ~
Neighborhood Conditions RE: SUP-94i
(if one or both businesses are passed)
1. At 3536 Jay Street business, neighbors wanf compliance witt
a Specia! Use Permit is granted.
C1TY 0~ ~~;~.,T ~IDGE
~ ~!-`~ _.., :7(~
~ FL~ 1 ~ °99~?
r'~n r' '
~'~~ V ~!
i Sec~~~~~'3~ H#~YI~L~pMENt'
2. At 3536 Jay Street business comply with pMinimum Rules and Regufations for Child
Care Centers", issued by the Office ot Child Care Services, Colorado Department of
Sociaf Services.
3. Rt 3516 Jay Street business comply with "Minimum Rufes and Reguiatians for Child
Care Centers", issued by the Office of Child Care Services, Colorado Department of
Social Services.
4. Compty with the Americans wdth Disabilities Act.
5. Require asphaft parking at 3516 Jay Street.
6. At 3516 Jay Street business compiy with safety codes regarding required off-street
parking, Section 26-31.
7. Comply with Condition #2 of the (X) Staff Recommendations, dated i/26/94, 3536
Jay Street which states, "The Special Use Perrn+t be limited to a day care center for up
to 45 preschool ehildren and kindergartners.°
8. Ailow no more than 23 infants and toddlers which is the number stated by Nina
Fargo as the number she expected at the infant and toddler cen#er.
9. fnciude the Faes' exhPbit concerning landscaping at 3&t6 Jay Street business.
10. Install stop sign going east and west on 35th Avenue at Jay Street.
11. Noise mitigation plan to include:
Solid double wood fencing or equivalent;
Staggering times chitdren at pre-schoot area outside;
Supervised planned ac~ivities when children are outside;
Department of Social Services approved air conditioning and ventifation
system af infanf and toddier center ta allow windows at infant and
toddler center to remain cfosed at afl times, onfy exceptions: air
pollution, breakdown of air conditioning or ventilation system,
emergency exit due to fire.
12. Landscaping to include removai of sign on 3~th Avenue. Any sign on Jay Street
shou(d b6end into the neighborhood.
~
~
13. Applicant to obtain variance firom 26-31 (C} (6) (b) design standards that require
100 ft. spacing between entrances or exits on same lot. We oppose granting such a
variance because the applicant's proposaf, a 45 ft. distance between entrance and
exit, aggravates a pubiic safety probiem created by the presence of traffic from the
existing pre-schoof. We believe the pub(ic works director may not modify or waiver this
requiremenY under 26-31 (C) (6) {fi) because a modification or waiver would not have
its primary purpose ofi preserving public safety.
~
Date ,~~' /`~ - % ~
TO: Wheat Ridge City Council
RE: SUP-94-1
Dear Council Members:
s
We, J~~/~r~ !~ °}~~~Prc~(~~in~ ~. ~~iF' ; , are legalfy
protesting the expansion of the Wheat Ridge Pre-School located at 3616 and 3536
Jay Street.
Our property is adjacent to the Pre-School and is located at
~-~'L`~ ll' , ~`> `~~' A~e C~'l1E<<f~;~~Gi~ C~- ~~~1.3~
~
Sincereiy,
,
~~-. ~~'l (!~/~~
~
~~ ir~, ~~- o
~..~ ~~ ~n
._-.~
..... --/ ~;:~~-
^'TY OF WHEAT RIDGF
~~.~ ~ ~~.,~]IL ~
`In~, F-~:; 1 ~~ i994
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PLANNIP~.~ & DEVELOPMENT
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Dat~` 7:.~
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. ,
l"O: Wheat Ridge City Council
RE: SIJP-94-1
Dear Councii Members:
,
I, \ _ `,^";, s./~ . .. , am legally
protesting the expansio~of the Wheat Ridge Pre-School located at 3616 and 3536
Jay Street.
My property is adjacent ro the Pre-School and is located at
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Sincerely,
,~
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>4_,y ~,~J:. _ J~'~.~~~~~a ~ -_
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"' _,. OF Wkt-^T RtDGE
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. F~B 1 :': ~994
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PLA[~k~[f~G ~ DEVELQP~fEN~(
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Date ~k~ ~ \ \ ~C1~1 ~
.
TO: Wheat Ridge City Council
RE: SIJP-94-1
Dear Council Members:
~
~ xy~, ~~,,`; ~, , am legally
~ -~ 1 --~~,.'~`'`'1
protesting the expansion of the Wheat Ridge Pre-School located at 3616 and 3536
Jay Street.
My property is adjacent to the Pre-Schoot and is located at
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Sincerely,
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PLANNING & DEVELOPMENT
:^
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Date ~ ~~, 1~ ~%~~~+
TO: Wheat R~dge City Council
RE: SUP-94-i
Dear Council Members:
i, ~C u~ri~ /~~I~L'`c am legally
_. ' ti~
protesting the expansion of the Wheat Ridge Pre-School located at 3616 and 3536
Jay Street. '
My property is adjacent to the Pre-Schooi and is located at
(r 15~1 ~+-- ~ ~'~ ~~ ~ .~ vz .
Sincerely,
~s ~~
. ~,< <<,:. ~,~,,-~>L~
~ -~ (1~ 1n.n:-•T RIDC=~
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!?1 F.;:~, .,` '~94~ ,
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PI.FtNN1NG & Dk~lEL4P~~t1fN_T,
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INTRODUCED BY COUNCIL MEMBER
Council Bill No. ORDINANCE NO. _
Series of 1994
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SPECIAL USE
PERMIT TO ALLOW A DAY CARE CENTER/KINDERGARTEN IN A
RESIDENTIAL-TWO ZONE DISTRICT ON LAND LOCATED AT 3516 AND
3536 JAY STREET, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Secfiion 1. Upon application by Nina Forgo and Rose Foster for
approval o£ a Spec3al Use Permit in Wheat Ridge, Colorado, Case
No. SUP-94-1 and pursuant to findings made based on testimony and
evidence presented at public hearing be£ore the Wheat Ridge City
Council, a Special Use Permit to allow a day care
center/kindergarten on R-2 zoned land is hereby approved £or the
following described land:
3536 7av Streat
That part o£ the west 1/2 of the Southeast 1/4 0£ the Northeast
1/4 0£ the Northwest 1/4 0£ Section 25, Township 3 South; Range
69 West known as and referred to as part of Lots 8 and 9, Conway
Heights, more particularly described as follows:
Beginning at a point 168 feet north of the southwest corner of
said Lot 8; thence continuing north on west line of said Lot 8,
125.22 feet, more or less to a point 139 feet south oE north line
of said Lot 9; thence east and parallel to said Lot 9, 125.67
feet to a point 100 feet west of east line of said Lot 9, thence
south and parallel to east line of said Lots 8 and 9, 125.22 £eet
to a point 168 feet north of south line o£ said Lot 8; thence
west 125.67 feet to point of beginning, County of Jefferson,
State of Colorado.
C~nflitions
1. The Special Use Permit be granted to the Wheat Ridge
Preschool and Kindergarten at 3536 Jay Street under the
ownership and operation of Nina Forgo.
2. The Special Use Permit be limited to day care for up to 57
preschool and kindergarten children (ages 2 1/2 to 6 years
old) at any given time.
3. Use of the property shall be in accordance with E~hibit 'A'.
Improvements shall occur within 90 days of ef£ective date of
this permit.
.
Ordinance No. , Series of 1994 Page 2
Case No. SUP-94-1/FOrgo
Section 2_ Upon application by Nina Forgo and Rose Foster £or
approval of a Spec3al Use Permit in Wheat Riclge, Colorado, Case
No. SUP-94-1 and pursuant to findings made based on testimony and
evidence presented at public hearing before the Wheat Ridge City
Council, a Special Use Permit to allow a day care
center/kindergarten on R-2 zoned land is hereby approved for the
foilowing described land:
3516 Jav StrePt
That part of the W 1/2 SE 1/4 NE 1/4 NW 1/4 Section 25, Township
3 South, Range 69 West, known as and referred to as part of Lot
8, Conway Heights, more particularly described as follows:
Beginning at the southwest corner of said Lot 8; thence north
145.5 feet; thence east 140 £eet; thence south 145.5 £eet; thence
west 140 feet to the point of beginning, County of Jefferson,
State of Colorado.
Cnnditions
1. The Special Use Permit be granted to the Wheat Ridge
Preschool and Kindergarten at 3516 Jay Street under the
ownership and operation of Nina Forgo.
2. The Special Use Permit be limited to a day care center for up
to 23 full-time infants and toddlers (ages six weeks to 30
months).
3. Use of the property shall be in accordance with Exhibit 'B'.
Improvements shall occur within 90 days of ef£ective date o£
this permit.
4. Curb, gutter and sidewalk shall be required to be constructed
along Jay Street with the change o£ use.
5. A landscape buffer that does not vioiate sight distance
triangle standards yet provides a dense bu££er, be placed
between the parking area and Jay Street. This could include
trees, shrubs and possible berming.
6. The visibility at the intersection of Jay Street and West
35th Avenue be improved.
Section 3. Vested Pr~nertv Riahts. Approval of this special use
does not create a vested property right. This special use is
approved subject to the revocation and termination provisions o£
Ordinance 945, Series o£ 1993.
Sect3on 4. Safetv Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
~
,
Ord3nance No. , Series of 1994
Case No. SUP-94-1/FOrgo
Page 3
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
ob~ect sought to be attained.
Ser.tion 5. Severabilitv. I£ any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be ad~udged by a court of
competent jurisdiction invalid, such judgment shall not a££ect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
SPr.tinn 6. This ordinance shall take effect days after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote o£ _
to on this day of , 1994, ordered
published in full in a newspaper of general ciraulation in the
City of Wheat Ridge and Public Hearing and consideration on final
passage set for , 1994, at 7:00 o'clock p.m., in
the Gouncil Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado. .
READ, ADOPTED AND ORDERED PUBLISHED on second and £inal reading
by a vote of to , this day of ,
1994.
SIGNED by the Mayor on this day of , 1994.
DAN WILDE, MAYOR
Wanda Sang, City Clerk
lst Publication:
2nd Publication:
Wheat R3dge Sentinel
E£fective Date:
<pc>ordsup941
APPROVED AS TO FORM BY CITY ATTORNEY
KATHRYN SCHROEDBR, CITY ATTORNEY
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Ordinance No. 953 , Series of 1994
C.ase No. SUP-94-1/Forgo
Page 3
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection o£ public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
ob~ect sought to be attained.
~ection 5. Sev~rabi.7.i.tv. if any clause, sentence, paragraph, or
part of this ordinance or the application thereo£ to any person
or circumstances shall for any reason be adjudged by a court o£
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder o£ this ordinance or its
application to other persons or circumstances.
Section 6. This ordinance shali take effect 15 days after
£inal publication.
INTRODUCED, READ, AND ADOPTED on £irst reading by a vote of $
to 0 on this 24th day o£ January , 1994, ordered
published in full in a newspaper of general circulation in the
City o£ Wheat Ridge and Public Aearing and consideration on final
passage set for Februar.y 14 , 1994, at 7:00 o°clock' p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
2/14/94 Continued to February 28, 1994; carried 8-0.
READ, ADOPTED AND ORDERED PUBLISHED on seCOnd and f3na1 reading
by a vote of 7 to 1 , this 28th day of February ,
1994.(for 3536 Jay 5treet). ey a vote ot b-4 for 3516 ~ay ~treeL.
SIGNED by the Mayor on this 28th day of February , 1994.
„~z..,. ,~/,~.,~,c...~
~ DAN WILDE, MAYOR
`~ L~il~. ~ /iln
Wanda Sang, City C~ APPROVED AS TO FORM BY CITY ATTORNEY
~!~~~-! ~1 • ~A~-~°1d09~
KATHRYN SCHFtbEDEft, CITY ATTORNEY
ist Publication: February 1, 1994
2nd Pubiication: Mareh 15, 1994
Wheat Ridge Sentinel
Effective Date: March 30, 1994
<pc>ordsup941
Corrected and republished on March 29, 1994
Effective Date: April 13, 1994
C~ r~ptl
1~
~ '~
~ ADDITIONAL INFORMATION TO BE INCLUDED IN TI~ PACKET TO TI-~ ZONIAIG
COMMISSION IN THE CONSIDERATION OF TF~ ORDINANCE PROVIDING FOR THE
SPECIAL U5E TO ALLOW A CHILD CARE/KINDERGARTEN IN A RESIDENTIAL-TWO
ZONE DTSTRICT ON LAND LOCATED AT 3516 AND 3536 JAY STREET, CITY OF
WHEAT RIDGE, COUNTX OF 7EFFERSON, STATE OF COLORA.DO.
HISTORY
Application and fees were paid in May, 1993. Neighborhood meeting was held on May 22, 1992.
Two neighbors were in attendance, the zoning/planning Commission was represented by Meredith
Rec[cert.
Surveys were provided the Commission, and accepted.
10/21/93 the Commission heard testimony in public hearing and property as a child care/pre-
schooUkindergarten use.
Re-zoning from R-2 to IL-Ci with restricted uses and a paving variance was approved 10/21/93.
Council Bil( No. 30 Ordinance No. 945, was adopted 11/22/93, requiring some additional
informatioa of applicants of special uses.
Some of the Bi1130, Ordinance 945 concems were answered in testimony given 10/21/93, and aze
in the minutes ofthc Planning Commission ofthat date, stated betow and identified by quotes as
such.
Neighborhood input mceting (Sign-in sheet Exhibits 14 and 15j was held oa February 1, 1994 and
plans for a meeting on February 15, 1994 have been made.
COMPLIANCE WITH BILL 30 ORDINANCE 945
Section 1.
Wheat Ridge Code of Iaws, Chapter 26, Article 1. Zoning Code, Section 26-6.(B) Special Uses
is hereby repealed and reenacted as follows:
(B) Stiecial Usa.~• Cpecial uses aze discretionary uses which are clearly shown to be void or
deficient in an area, and which, if properly designed, developed, and operated and
maintained, may be approved for any specific location within a zone district wherein the
special use is enumerated. Special Uses aze highly dependent upon proper design,
management and operational aspects, therefore such uses must be considered as a personal
grant of use, granted to the owner of the especial vse and not as a grant of a vested
property right which transfers with the land or lease. The only time a Special Use Pernut
may be transferred to a new owner without re-applying for approvai is through inheritance
by an heir. The primary issues which planning comrrussion and city council shall address
are those related to justification of need and those special design and operational
considerations which mitigate potential detrimental impacts ofa speciat use on
sarrounding ]and uses, the street system, or public services or facilities. In order to protect
the public interest, planning commission and city council shall have the right to approve,
approve with modifications or deny a special use request, and to revoke previovsly
approved special use permits pursuant to subsection (~ hereof.
~ (1) Applicability. The requirements of this subsection shall apply to all uses listed as"Special
Uses" within the provisions set forth for any particular zone district.
• Whereas, Wheat Ridge Code of Laws, Section 26-IO through Section 26-i5, and Sections
26-18 and 19, subsections {E) Special Uses, are hereby amended by addition of the
following ~new spccial uses:
"Small Day Care Center, Day Care Center."
Nina Forgo and Rose Foster do apply for the Special Use Permit to allow a child care
centerflcindergarten on R-2 zoned land fro the following described land:
3536 Jay 5treet
That part of the west 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 25,
Tow~ship 3 5outh, Range 69 West known as and referred to as part of Lots 8 and 9,
Conway Heights, more particu[arly described as foltows:
Beginning at a point 168 feet north of the southwest corner of said Lot 8; thence
continuing north on west line af said Lot 8 225.22 feet, more or less to a point 139 feet
south of north line of said Lot 9; thence east and parallel to said Lot 9 125.67 feet to a
point 100 feet west of east line of said Lot 9, thence south and parallel to east line of
said Lots 8 and 9, 125.222 feet to a point 168 feet north of south line of said Lot 8;
thence west 125.67 feet to point of beginning, County of Jefferson, State of Colorado.
• 35l6 Jay Sfreet
That part of the W 1/Z SE i/4 NE 1/4 NW 114 Section 25, Township 3 South, Range
69 West, known as and referred to as part of Lot 8 Conway Heights, more
particularly described as follows:
Seginning at the southwest corner of said Lot 8; thence north 145.5 feet; thence east
140 feet; thence south 145.5 feet; thence west 140 feet to the point of beginning,
County af JefFersort, State of Colorado.
(2) Application form and review procedures:
(a) Prior to submitting any application for a special use permit, the applicant shall be
required to hold a neighborhood input meeting (See subsection (F)(1) for
requirements.)
A eopy of the NOTICE OF NEIGHBORHOOD 1NPUT' MEETING is attached as
F~shibit I.
In an effort to abide by the intent of the requirements for a zoning change/SUP a
neighborhood meeting was held on 7anuary 31, 1994 @ Wheat Ridge Pre-School
and Kindergarten. Exhibit 14is the synopsis of the meeting.
~ (b) Special use applications shall be originated only by the prospective owner of the
proposed special use, with written approvaI oFthe fee owner ofthe property in
• cases where the owner of the property is different that the owner of the proposed
special use. Both the specia( use owner and the land owner, or their legai
representatives, must be present at all public hearings.
In consideration of fBe Planning Commission Minutes dated October 21,
I993, and in light of the fact that Council Bill No. 30 Ordinance No. 945
became effective on December 13,1993, the owner of the property and the
owner of the proposed special use permit were in compliance with al!
regulations at the time and date of the October 21, 1993 hearing and are
currently present to comply with the change of Ordinance on the date of the
current hearing, February 17, 1994.
(c) Application shall be submitted on fomzs provided by fhe department ofpianni~g
and deve]opment, and shall be accompanied by a copy of the property deed, a
certified survey, and a fee of one hundred dol(azs ($100.00).
Attached are copies of the apptication, and deed for the zoning change
(ExhibiEs 2 and 3). A copy of the certified survey is on file at the department
of planning and zoning for perusal.
(d) All applications shall also be accompanied by a site development plan and
additional rvritten information in sufficient detail Yo convey the full intent of the
applicant in developing, operating and maintaining the special use. The site
development plan shall meet the requirements of a Type I site pian as set forth in
• subsection (E)(1) be]ow.
Exhibits 4, 5 and 6 are attached as evidence of Type I site plans presented at
the October 21, 1993 Planning Commission hearing Insofar as there was no
apparent need for written information, none was provided at the Eime.
However, discussion of the site devetopment pian was queried by the
commissioners, as follows:
Planning Commission Minutes
October 21, 1993
Page 6
"Ms. Forgo stated she would like to combine the two parcels, expanding the
current facility to include infants and toddlers. She expected a maximum of 30
infants and she estimates one-half of those would be generated by parents with
children enrolled currently. This would result in 15 new vehicles in the
neighborhood twice daily. Hours of operation are from 7:00 A.M. to 6:00 P.M.,
the center is closed on weekends and holidays.
Commissioner QUAL1'ERI asked if Social Services had expressed concem with
the open imgation ditch on the property.
Ms. Forgo stated that any bridge must have a roof and enclosed sides. She added
• that she wants to retain the residential flavor if possible. Either parking scenario
• would work, however, she prefers entering and exiting the property from 7ay
Street.
Commissioner QUALTERI asked if Social Services inspected 3516-18 Jay Street?
Ms. Forgo stated the properry had been inspected and found to be acceptable.
Chairperson LANGDON asked about the safety ofthe irrigation ditch.
Ms. Forgo stated that if the parking lot was situated where the ditch must be
crossed, then the bridge must be constructed according to certain safety
standards."
page 7
"Ms. Forgo stated that she planned to maintain, as much as possible, the
residentiai look of the properiy. She felt proper landscaping would help. She
informed Commission how the children are involved in the community."
(e) Upon receipt of a complete application packet as described above, the planning
and development department shall proceed with the following process.
(1) Refer the app[ication to affected public agencies for review and
comment.(3) Criteria for review.
t Eahibit 8 is a copy of the AGENCY REFERRALS SUMMARY
CIRCULATED to affected public agencies for review and comment.
(2) Within thirty (30) days of aeeeptance of a completed application packet,
give notice of a scheduled public hearing on the application by newspaper
publication, letter notification and posting in fhe manner as provided in
subsection (F)(1).
Letter, and newspaper, notificafion were complied with, as well as
posting.
(3) Prepare a written report and recommendations to the planning commission
which evaluates the proposal and makes findings using the following
review criteria set forth in subsection (3) below.
Whereas a written report of this scope and nature was not required at
the time of the October Zl, 1993 hearing, there was none presenfed to
the commission on that date. Nina Forgo and Rose Foster submit this
informational packet addressing the criterfa for review by item, as
stated below.
(3) Criteria for review. $efore a special use is approved, the applicant shall show, and the
planning commission and city council shall find, the proposed special uses:
~
• (a) Will meet a proven public need in that it will fill a void in necessary service,
products or facilities especially appropriate at the location proposed, considering
availabte alternatives.
1. Attached is a letter (Exhibit 9) from the Jefferson County Departrnent of
Social Services expressing the need for infanUtoddler care in this
geographic area.
2. ALtached is a list of parents {Exhibit 10) interested in caze at the new
facility. Please note that nine of the families currently have children who
attend the pre-school.
3. A map showing the geographical area of families currently using the
facility is shown on Exhibit t I, and evidences a broad overall need and
use.
4. Planning Commission Minutes of October 21, 1993, page 10 considers
the appropriateness of the location and alternatives as follows:
"Chairperson LANGDON stated he didn't feel ihat a nursery belonged on a busy
thoroughfare such as West 38th Avenue or Kipting. he fett landscaping woutd help. He
asked if it was normally allowed.
• Ms. Reckerf stated that day care for 6-12 children is allowad in a residential area by
special Use Pertnit.
Commissioner ECKHAF2I~T stated it was obvious that a school for ehildren belongs in a
residential area."
(b) Will not have detrimental effect upon the general hea(th, welfare, safety and
convenience of persons residing or working in the neighborhood of the proposed
use.
A letter from the City Engineer addresses the waste water effect upon the
utilities, showing little or no effect of the change. (Exhibit 12)
2. Attached (Exhibit 13) is a letter from Jefferson County Health
Department addressing the health and safety ofthe facility upon the
neighborhood.
(c) Will not create or contribute to blight in the neighborhood by virtue of physical or
operational chazaeteristics of the proposed use.
Considering that the pre-school has existed at the current location for 36 years,
withaut blight to the neighborhood, nor changing the characteristic of sarroundings
~ the additional operations would not 6ave detrimental effect. It is the generai feeling
• that a good child care facility in the neighborhood promotes the health evolution of
homes owned by older folks to home attractive to younger families.
Physical and operational characteristics of the current facility pre-date a number of
the houses in a three block radius of the current and proposed operation. Had the
eft'ect of the facility been a concera prior to a change, a purchase of property would
not have been made.
Attached is a map (Exhibit 11) showing the location of customer homes currently
using the facility, formerly used the facility, existing childcare and major traffic
routes. 5ince market penefraEion for the infant/toddler age group is minimsl,
expectations are that young families who are leaving the area for child care will find it
more convenient and safer to come to a neighborhood facility-this is what informal
market surveying has barrt out.
(~ Wil( not result in undue traffic congestion or traffice hazards, for unsafe parking,
loading, service or intemal tr~c conflicts, to the detriment of persons whether on
or offthe site.
1. The planning and zoning commission have included a report from the
City Traffic Engineer stating the current -evel of traffic along 35th
Ave., a local collector.
Since indications from the prospective customer list shows families
• with a need for more than one child-often an infantltoddler and a pre-
schooler, the traffic to the area would include staff (mas. # oi children
is 23 by ordinance-- staff ratio is 1:5, so there would be 5 teachers
additiona!-asing 7 Families with two children as a representation;
there would be 16 cars driving by in the morning to drop off
children/infants and 16 in the afternoon wiff~ 5 staff inembers driving).
The Community Center on 35th and Marshall conducts country-
western line dancing twice a week with attendance of equal siu, and
has Volunteer of America Luncheons daity ranging in attendance from
25 -100 people.
(4) Planning Commission Reviaw:
(a) Maintenance of the expansion would be on par with current standards, and in
compliance with previously agreed upon criteria.
1. Criteria were agreed upon in October 21, 1993 Commission Hearing.
(b} The current facility is within the scope and intent ofthe master plan o£the city.
Operational considcrations for the facility take into account the management
history of ihe current applicant. The facility currently employs 7 people who live
within a 4 mile radius of the school. The employees have been with/or associated
with the school for a minimum of four years, ranging to senior tenure of 24 years.
• We are teaching a second generation in two families. A hallmark of the school has
• not affect, impair or invalidate the remainder of this ordinance or its application to
other persons or circumstances.
Section 8. Supersession Clause. Ifany provision,requirement or standard
established by this ordinance is found to conflict with similar provisions,
requirements ot siandards founfl else~vhere in the Code of Laws of the City of
Wheat Ridge, which are in existence as of the date of adoption o£the Ordinance,
the provisions, requirements and standards herein shall supersede and prevail
Section 9. This ordinance shall take effect upon approval by City Council
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 22nd day ofNovember, 1993, ordered published in fuil in a newspaper of
general circulation in the City of Wheat Ridge and Public Hearutg and
coasidezation in the City of Wheat Ridge and Public Hearing and consideration on
final passage set for December 13, 1993, at 7:30 o'clock p.m. in the Council
Chambers, 750Q West 29th Avenue Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of 6 to 2, this 13ih day of December, I993.
SIGNED by the Mayor on this 14th day of December, i993.
•
~
~ been its consistency and homelike atmosphere. Current management intends to
continue that successful philosophy
(5) City Council Review.
City Councit shatt review and decide upon all requests for special uses upon
recomnnendation of planning commission for approval or upon appeal by an
applicant of a recommendation for denial by planning commission. Speciai uses
may only be approved by ordinance adoption procedures. Notice of public hearing
shall be in the manner provided in subsection 26-6 (F)(1. City Council, in
addition to consideration of the pIanning commission record, sha11, hear additiona!
evidence and testimony presented, and either pass, pass with modifications, or
deny the ordinance, its decision being based upon all evidence presented, with due
consideration of the criteria for review.
(6) Enforcement
All conditions and stipulations imposed by city council sha(1 be
maintained in perpetuity with the special use. If at any time the
stipulations or conditions are nok adhered to or are found to have been
materially altered in scope, application or design, the zoning administrator
shall notify a code enforcement officer of the nature of ihe vio2ation(s) and
the code enforcement officer shall investigate and if appropriate, initiate
revocation proceedings which shall include the following:
• (a) Notice of violation following procedures as set forth for
Nuisances pursuant to Wheat Ridge Code, Chapter 15.
(b) Upon a finding of non-compliance by a Code Enforcement Officer after
the prescribed correction date, the Zoning Commission Administrator
shall schedule a revocation hearing before the City Council. Such
revocation hearing dates shall be set by Ciry Council after first reading of
an ordinance therefore. The purpose of the revocation hearing shall be for
the City Council to hear evidence concerning the nature and extent of the
alleged non-compliance with the conditions of the Special Use Pertnit.
The Councit shali have the power, upon good caase being shown, to
cancel or revoke the previously issued Special Use Pemvt, to require
certain correective measures to be taken and/or to direct the City's agent to
enter upon ihe premises and take corrective mcasures required by the CiYy
Council, and to modify the conditions which apply to the Special Use
Pernut. Any revocation action shall become effective fifteen (15} days
after finat publication of the ordinance. Any other action shall require a
continuance of the public hearing to a specific future date, and a motion
stipulating the specific corrective measures that are to be accomplished
either by the special use oumer or by an agent of the City within that time
period. Upon the date of the continued hearing, should the Council find
that the conditions and stipulations have not been satisfactoriiy cnet,
~ Council shall adopt the revocation ordinance."
~ (7) Non conforming Special Uses:
Section 1. Notwithstanding the provisions of the Zoning Code 5eciion 26-7. Non
confornung lots, uses and structures, any special use which is non conforming to
the provisions of the Section 26-6(B) by way of not having received approval of a
Speciai Use Pernut under prior rules and procedures shall terminate, or shall
otherwise become conforming to these provisions, wit`~hnt five (5) years o~'fUe date
that such non confomring status became effective. 7n addition, within tius five (5)
year amortization period, no non confotming special use shall change ownership
without coming into conformance with the Section 26-6.(B), All other provisions
of Section 26-7 shall apply,
Section 2. Wheat Ridge Code of Laws, Section 26-23. Commercial - Two
District (C-2), subsection (E) Special Uses, is hereby amended by the addition of
an additional speciai use as follows:
"(d) Pawn Shops."
Section 3. Wheat Ridge Code of Laws, Section Z6-5. Definitions subsection (a)
is hereby amended by the inclusion of an additional definition, in the appropriate
alphabetical order, as follows:
"Pawn Shop. A commercial establishment where a pawnbroker, as
defined by Colorado Revised Statutes, regulazly conducts the business of making
• contracts for purchase or purchase transactiotts."
Section 4. Wheat Ridge Code ofLaws, Section 26-10 through Section 26-I5, and
Sections 26-18 and 19, subsection (e) Special Uses, are hereby amended bq
addition of the following new special uses:
"5ma11 Day Care Centar, Day Care Center."
Section 5. Wheat Ridge Code ofLaws, Section 26-16 and 26-17, subsections (E)
Special Uses, are hereby amended by addition of the following new special use:
"Day Care Center"
Sec6on 6. Safery Clause. The City Council hereby finds, determines, and declazes
that this ordinance is promulgated under the general plice power of the City of
Wheat Ridge that it is promulgated for the health, safety, and welfare of the
public, and that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 7. Severability. If any clause, sentenee, paragraph, or part of this
ordinance or the application thereofto any person or circumstances shall for any
~ reason be judged by a court of competent jurisdiction invalid, such judgment shall
~
I, NINA FORGO, WITNESSED THE SIGNATURES BELOW AND ON THE ATTACHED
PAGES.
Sicjned o.v~d su~orn ,-t-.p-~ ~err.1t~~e~ ~f-~n:~s lo~~L`~-,, ~~~,~ e,~ Februav~r f99~{.
~ January 27, 1994 ~y~.~.~~ ~~~G '`~ ~~ ~y~~"~be a6 jPq~/ S-
I SUPPORT THE EFFORTS OF NINA FORGO AND ROSE FOSTER IN GETTING THE~
3PECIAL USE PERMIT TO EXPAND THE PRE-SCHOOL OPERATIONS TO INCLUDE
INFANTS AND TODDLERS. I DO NOT FEEL THAT IT WILL CAUSE AESTHETIC,
HEALTH, OR ENVIRONME~'NTAL CONCERNS. WHILE THERE WILL BE A SMALL
INCREASE IN TRAFFIC, I THINK THE SERVICE IS AN ASSET TO OUR
ryO~MC.
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I SUPPORT THE EFFORTS OF NINA FORGO AND ROSE FOSTER IN GETTING THE
SPECIAL USE PERMIT TO EXPAND THE PRE-SCHQOL OPERATIONS TO INCLUAE
INFANTS AND TODDLERS. I DO NOT FEEL THAT IT WSLL CAUSE AESTFiETIC,
i HEALTIi, OR ENVIRONMENTAL CONCERNS. WHILE THERE WILL BE A SMALL
INCREASE IN TRAFFIC, I THINR THE SERVICE IS AN ASSET TO OUR
NEIGHBORHOOD.
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~ S tsned ar~d 5ux~t-n rne ~-h i S I O'E~-~ ~C~1~ o~ ~eb~'u.~'cJ. ,(~i4-
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I SUPPORT THE EFFORTS OF NINA FORGO AND ROSE FOSTER IN GETTING 'S'HE
SPECIAL USE PERMIT TO EXPAND THE PiZE-SCHOOL OPERATIONS TO INCLUDE
INFANTS AND TODDLERS. I DO NOT FEEL THAT IT WILL CAUSE AESTHETIC,
HEALTH, OR ENVIRONMENTAL CONCERNS. WHILE TIiERE WILL BE A SMALL
INCREASE IN T.RAFFIC, I THINK THE SERVICE IS AN ASSET TO OUR
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' BELOW AND ON THE ATTACHED
~ PAGES //L>l~'
SCgr.ab a.,a we••.• {- ••,e~ ~i,',5 1,0I~`, a
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January 27, 1994 ~iohai:z ~"t•!l~ok, ~ ~Ja}o.~ w,, es1 Feb~
J ~.1
y P~b\~c .,o.-~ ~ 19~4.
Connm~5e'+a.~ EX41rES~.
TJCCn~„ber 2.b, ~994
I SUPPORT THE EFFORTS OF NINA FORGO AND ROSE FOSTER IN GETTING THE
SPECIAL USE PERMIT TO EXPAND THE PRE-SCHOOL OPERATIONS TO INCLUDE
INFANTS AND TODDLERS. I DO NOT FEEL TiiAT IT WILL CAUSE AESTHETIC,
HEALTH, OR ENVIRONMENTAL CONCERNS, WHILE THERE WILL BE A SMALL
INCREASE IN TRAFFIC, 2 THINK THE SERVICE IS AN ASSET TO OUR
PIEIGHBORHOOD,~
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Exhibit 1
NOTICE OF .NEIGH~O1~i00D INPUT ME~ i irJG
• Rose Foster IS PROPOSING A REZONING FROM
g_~ TO RC-1, ';:'._:_'=.~---.._ =.
A SPECIAL USE PERMIT~FOR ~nilr7 rara. 1~.-r,a r~on+=.-ON PROPERTY LOCATED
AT 3516 Jav Street Wheat Ridqe
THE LOCATION OF TNIS MEETING I5 3536 Sav Street
THE TIME AtrD DATE FOR THIS MGETING I5 Mav 20.1993 0:30 o.m.
THE PURPOSE FOR THIS PROPOSAL IS to cnanQe the zonina for tne ~u-~os=_
ex~andina the current cnild care facilities to 3516 Jav Str~et
The City of Wheat Ridge has adopted a requirement that, prior to
application for rezoning of pro~~erty to a higher use, or for
properties in excess of one (1) acre, and for Special Use PermiLs
~aiiich allow a special use of 1and, an applicant mvst notify all
residents within 600 feet and invite them to a Neighbornood Input
~•teeting. The purpose for this meeting is to allow the applicant to
present his proposal to the neighborhood and also to allow the
nei3hborhood to express directly to the applicant, their concerns,
issues and desires. The lcinds of concerns residents normally have are
as follows:
~ * Is the proposal compatible with surroun'ding land uses and zoning?
* Are there adequate utilities and services in place or proposed ta
s~rve the ~roject?
~ What is the impact on our streets?
* Where ~rill the storm drainage go? .
* liow iaill the project be designed to enhance rather than detract
fro~n the neighborhood?
~;~Jhat specific changes can be made in the proposal to make it more
acceptable to me?
~lfter attending the ileighborhood Input ~feeting, please use the
follorring space and the back of this form to list any specific
concerns, issues, or su~gestions which you iaay liave regarding this
prooosal. Please sign it and give it to the applicant, as he is
required to provide these forms to the City along with his
application.
•
Exhibit 2
NINA FO -O ~ yz~! - ~ ~}SS
rheCityo~ ADMINISTRATIVE PROCESS APPLICATION
~ ~1Vheat
~Rid~re Department of Planning and Development
i~ 7500 West 29th Ava., Wheat Ridge, CO 84033
Phone (303) 237-6944
Applicant RnsP F~~tPr
Address3441 Fenton street Phone~4R-~~(12_
Owner Rose and Huah F~Gtar Address~ddt FA.,r~., GtrAA+ Dhone ~zQ_~~n~
Location of request 3516 Jay Street ~f '~ '1Sj~ ~J14y Sr
Type o£ action requested (check one or more o£ the actions listed below
which pertain to your request.)
~ Change of z.one ar zone conditions
~ Site development plan approval
Special use permit
Conditional use permit
- Temporary use/building permit
~ Minor subdivision
Subdivision
Preliminary
Final
~ ** See attached procedural guide
for specific requirements.
Vzriance/'Naiver
Nonconforming use change
3 Flood plain special exception
Interpretation of code
Zone line modification
Public Improvement Exception
~ Street vacation
_ Miscellaneous plat
~ Solid waste landfill/
mineral extraction permit
^ Other
~
e
~etailed Descr3ption of request i har~ae zone to RC-i for use as a child care
c'°nS.~~-~ (',e.N.it?ii..~ 3eyr...~....aet ,v~ ~- Z
---- ~ ~~
List ail persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME ADDRESS PHONE
Rose and Hucth Foster 3441 Fenton Street Wheat Ridge 238-2202
I certify that the information and exhibits here~aith s~i~.nitted are true and
correcz to tt~e best o£ my kiowledge and that ln filing this application, I
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested actior. cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this act~ - is ehalf.
-~
Signature of Applicant . ._ _ i~-c~. '
.~ /,
Subscribed and sworn to me this /Y~-i~t day of N~a~ , 19 C(j
~,IY .~/; ~~./~./irY~'[_ ~ ~'
F,y ,._,.._...~....~...,..,. ~. ,:c 2~
. Notary Public 4350 ~y~srr:arth B7~s.~srr:
SEAL Whrai:iid.~e, ~:~ra~ &~:
My commission expires ,
Date Received ,ri-1C~~-~'~ Receipt rro. ~Sr2y Case No.
Exhibit 3 ~
~
enVer, Co ora o I/~
~ .Aa~Ypladamsu
, ^~°' City i ~°°'~'O~ Danver •~~~°+e•y+~ ll
....__,nrr.-+a~~r.s.+r~wrrr OnC Htwdred 'hrmty-Oaa I
Thousand and No/100 f5121,000.00)--- ~+~• ~
O~~e~PW~f~u~ryNNkfrMNl .. . 1~ V@ V~LMr1•rY .. M~/ r p~ `
~ bu~w.rL.ao~'+/.daY~.~raY~i~~~A hgr b~ri~P~bwaWY~tT0~~1~~ ~
_ 'J,.r.+++~.M.{wati.~r~r coar r au.t ~
-4 ~,,m;,,.. b„~ sr~nc earc of cne ~e ux o~ r~,a s'Lu~t#~39a ot rhe axsems.e°i~1i
,oE tfie ..........ti: 1/4 of "~:^~ 25. Rbw+ship 3 Satlh. Rmyia 69 Ite.t )mc~q ~s and '1
~~\~ ' zeEesred to a~ Past of Iatn 8 azd 9. OQE~AY ......~.. ~, y~ ~•+~~•~•~~y deci6ad
~~' a, a^, follwa: Beginnuy at a poirtt 168 feet Nxth af ihe :+,,.,.,.,r. caa~c of a;id
~~;~ Int 8: tMnoe wn~a7 Nosth ~ West .line o£ aaid i~ 8. 125.22 feet. m~e ar
~ less ro a point 139 feet 5~uth o£ t3~rth l.ine of said Iot 9r tia~oa Pesc mai pnral
^ ¢. lel to said Nortt~ ].ine of rsaid iet 9. 125.67 feet Sa a Ecint 1p0 Eeet Fkac ef
~ Fnat line of said Iot 97 tha~ Soueh ercl parallel tn Ee+t ]jne of anid S,oG~ B
aKl 9. 125.22 feat m a point 168 £aet North of SauCh Ltne of ea3d IDt 8i t3mo~ ,
Nmt 1?5.67 feet to Point of ba3itmin3. O~mtY of S_.F_._.... StnLa of Uat~do. ~
~`~
~ NECOROED IM '-` ""~`~
~~- '
~~ COUNTY OF JEFFERSON
~
~v°' STATE OF COLORADO
RECEPTION N0. 87099~2~
a
{ WARRANTYDEED OB/04/B7 10it5 'I3.'10
THLSOEED~waanu ZHth Mr Ju2y .~087 .
, i
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~ ` ~.
NUGH 7. FOSTER and ROSE GIARIA F051'ER •n
. c
3461 Fenton SkreeC, Wheat Ridge, ''?
wa. • -
.i c~nor JeYEergon ~ ,s~n,rc,e,e,,n,,,nn,,,,n ~
~ NTNA
D FORGO, 890 South Saint Paul Sireet.
1 d 80209 I
'~"k'""y"^tlrdi""'°'~ 3536 Jay Street. Ffr~vt Ridqe, Qslacado.
~
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Exhibit 3
a
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' cMnee South 168 faec; [hene~ Yea[ Ld0 Le~e to 6e;LnnlnQ~belna CM
pxsmises knovn as and numb~red 7516-18 Jay Street.
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Exhibit 4
CASE NO. WZ-93-5
~~ ~ EXHIBIT 'E'
3516 JAY
DESIGN SCENARIO #2
~~~wa~~y
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! Exnibit 5 EXHIBIT 'D'
. 3516 JAY
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Exhibit 8
CASE NO. WZ-93-5
• AGENCY REFERRALS SLJ[VII~IARY
XX Fire: lwhaat Ri~3cra1 Nn nrok~lem,
Schools:
XX Wates: rwr,aar RiAcr?1 Can serve_
~ Sewer: ru,r,oa+ n; ~~.o~ ra„ CPY[)P
~.X jJ$ TA]2St ~.'OII1IRllR1C3't].ORS: TTn rocr+nnca
XX Public Service Co: No response.
1 ~
State Land Use Comm. (over 5 acres):
State Geologist:
State Highway:
Jefferspn County:(HEALTH, COMMISSIONERS, PLANNING)
Adjacent City:
American Cablevison:
CITY DEPARTMENTS
Pllbl].C Works: ~7~„i~ l'iYc ..,,.-t~. ...~*+o.- anA ~iAow=it, =i,. , r.~.,..+. ~Ct.tl
Avenue and Jay Street. Would like to improve sight distance at
W2SL J7'L17 dRO. ~JC1y .7~iCCC .i.u~cJ.nCU~..~~Il.
Parks & Recreation:
Police:
• Building Inspection:
pc/Agencyrefsum
'c~ ~:F;.t>~~ 9
Board of County Commissioners
~
80033
•
To Whom It May Concern:
Gary D. Laura
District No. 7
Beriy J. Miller
District No. 2
Februa 15, 1994 ~ohn P. Stone
~' ~istrict No. 3
Based on our ezperiences at Social Services in child care referral and authorization, licensed
child care for infants and toddlers is definitely needed in Wheat Ridge.
Ms. Forgo, owner of Wheat Ridge Preschoo] and Kindergarten, has indicated to us that if
they are able to add an infant/toddler section to their facility, slots will be available for
Social Service clients who's children are in this age group. Our county's Resource and
Referral agency, Family First has statistics that show for every three requests for licensed
infant slots in Wheat Ridge, only one slot is availabte.
Any consideration that you can make to allow this to become an added resource for infants
and toddlers for our client population is appreciated.
ppro' ~~ ~
rry McDowell
ocia[ Services Administrator V
Adult Services
JG/sp
•
i
.~
9
I n G gos
Social Services Supervisor II
CCAP and Employment Pirst
DepaRmenf of Human Services
Nelson L. Nadeau, M.P.A., Director
Human Services Faciiity, 900 Jefferson County Parkway, Golden, Colorado 60407-6070
(303) 271-1386
MS NINA FORGO
3536 JAY ST
WHEAT RIDGE CO
•~XHIBIT 10
~ RESERVATIONS
KELLY EDEN 237-8205 BOY 24 MOS. 3/94
LINDA SCHAAD -4705 OAK_STREET WHEAT RIDGE 423-2618
1 Y.O. 9/15/92 2 1/2 Y.O. GIRL
JOANN 424-8914 2 MOS. OLD BOY
SHELLEY CHAVEZ 422-3442 GIRL 2 Y.O.
LEE ANN 278-2191 6 MOS. GIRL(1/94)
BARRY MCBRIDE H. 278-8314 ELSIE D.O.B. 5/8/93
ROBIN HALSEY H. 278-4045 DANIELLE 1 Y.O.
BARBARA WK. 425-0985 3 Y.O. 19 MOS. OLD
KATHY ALLEN 422-2461 16 MQS. OLD BOY
ANGIE MUNYON GIRL:PIPER i205EN D.O.B. 6-1-93 234-0599
DEBORAH PIICE H. 239-6021 5 1/2 MOS. GIRL 2 Y.O. BOY
ROXANNE MCLAUGHLIN RECOMMENDED BY IiURLEYS 5 Y.O., 17 MOS.
W. 425-2439 H. 274-8265
LILLIAN GONZALEZ 456-1064 7 MOS. BOY
CINDY RETTIG 467-8792 3 MOS. GIRL
LAURIE NELSON 420-5144 17 MOS. GIRL
BETH SCHAEFFER 422-6588 KARLIE D.O.B. 4/18/92
JENNIFER HOLMAN 424-8155 CHELSIE 9 MOS.
KELLY_BALDWIN 238-3021 20 MOS. BOY
LISA PARKER GIRL KATIE 13 WEEKS W. 394-7767 H. 422-0786
LAURIE ZARLENGO 422-2689 1 YR. OLD BOY
ALISHA 423-4505 1 YR. OLD BOY AUSTIN
KELLY MICHAEL 425-7599 28 MOS. GIRL
~ BRUCE FAMILY: MASON
MONTOYA'S FAMILY: BABY GIRL
NEWSAM'S FAMILY: KATIE
BARAN'S FAMILY: ANDREW
RICHARDSON'S FAMILY: BABY BOY
QUADE FAMILY:TBD!
DIANE BRAKE: TBD!
OLD
.
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BOYD BROWN STUDE 8z CAMBERN
CXARiEREC
i
7]30 E. BELLEYIEW AYENUE-SUrtE 902
TELERiONE]0}7~6l900
ENGLEWO~. COLORAUD E01113619
•
•
Ms. Nina Forgo
Wheat Ridge Preschool and Kindergarten
3516 Jay Street
Wheat Ridge, Colorado 80033
P.e: 3535 Jay Sxeet
Deaz Ms. Forgo:
F1UC ~0}]JOd93~
r~y si, 1994
This letter is in response to your inquiry to George Holte, Director, Wheat Ridge Sanitation District
regazding sanitary sewer service to the above-referenced property.
It is our understanding that you aze proposing to comert the subject Y...Y:...y from iu current use as a
duplex residence into a day caze center for infanu and toddlers.
On behalf of the Wheat Ridge Sanitation District, this will confirm that there will be no adverse impacts
on sanitary sewer service due to the proposed conversion.
If you need any additional information from the Wheat Ridge Sanitation District, please call us.
cc: - George Holte
District O~ce
cd:wM~Eaqa.lu
Very truly yours,
BOYD ROWN STUDE & CAMBERN
~ ~ / /~. ,~~= . J
William K. Brown, P.E.
Engineer for the Wheat Ridge Sanitation District
:.i ~ .
~ J011NAe0TO.JR.~WIWAYK.tIIOWN~0.0@ERTA'TUOE~iNED00REJ.GMlERN.JR~MIWrSL'TE4. . . - . . . ..
EXHIBIT l3
SOCIAI. SFRVICFS ra~rrrasnSON COUNTY DEPARTbffi~T OF E~ALTH AND L1IVVVIRONMIIVT
FA'CIIITIFS Tb0 S. Kipting St.. Lalccwood, CO 80226
IIVSPECIYON ~.a~ „~. : ._., . . _ .,~ Phone: 73Z~6.'~Ol
~ ~ l~. ~°~ r~ ~,d tC ~~r~'~ .,. N~~, .+~r.~ r,~ r. A j1d1G~n ~ I- z ~ 9~
SRLEIAOOIIES U ~~ ~ Q[Y I~ AlROYIOlOIIJRN~
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M Impedba d tYb atabWYat wr ~ade w tYY Yte H aceaW~oe wMY nir uA rqWtfon Iwed b) IYe ColorWo Ikpubat et SaW SQ~kh. Yoa ue
Yereb7 orderM to correct tine .,.. . W~biatlon Y6cd beNw.
F(]flil PR(1(~r V'r' AvdM Twe. c~~y« Twnn ~AMR~t ~ OOIOMIIATiUN tLC010ls Ytl NO
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YAND~QICTWl.fIHl~ql t i0Y/AMIIPdTIDN: Ta MU
Lla,a~~~a EXPIRATION DATE: / / U eapree, awna Ca~vaao Depara~at af Sorlal Sa.ioes (t66SS3~•
COMhfEN1'S
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EXHIBIT 13A
~ CONTRIBUTIONS OF WHEAT RIDGE PRE-SCHOOL AND KINDERGARTEN
TO THE GENERAL ECONOMY OF WHEAT RIDGE
CURRENTLY:
4 fulltime employees, 4 parttime employees, 7 fulltime
director/owner
7 employees live within a 2.5 mile radius of the school
1993 Gross wages: $95,000.00(+/-)
Property Taxes at 3536 JaY Street, Wheat Ridge: $3,300.00(+/-)
ADDITION OF 3516-18 Jay expansion of CHILD CARE FACILITY: ~
• 7 additional employees, full and parttime; primarily
Wheat Ridge residents
expected/anticipated 1994 Gross wages(6 mos.):' $40,000.00(+/-)
Property Taxes at 3516-18 Jay: estimated at $2,500.00 _
~
~ xl,:b~~ ~4
MEETIN~ OF NEI~HBORS TO DISCUSS THE SPECI4L USE PERMTT
• APPL.ICATION
DlaTE: JANUARY 31, 1994
TIME_ 7:OQ P.M.
PLACE: 3536 JAY STREET
WHEAT RIDGE, COLO. 80033
MEETING STARTED AT: 7:13 P.M.
MEETING ENDED AT: 8:a3 P.M.
ATTENDANCE: SEE THE ATTACHED SHEET
(f4IPdUTES 0~ THE MEETING ARE SUMMARIZED DIALOGUE)
Th~e m~eting started witl-i introduction.
rJ9nu For°go - started off by stating past meetinqs;
1. Neighborhood meeting in May
2. Zoning meeting in October
r;i~._. 'er~o - asked the neighbors what their concerns were?
:+,1'I Neighbors - Concerns: 1. Traffic - already the trUffic
is far abave a normal resident
eial are~_
<'. Sbfety - cars are parl<.ing the
~ wrony way on the >treet.
3. Parl<:iri~ - in general i~ all
over.
r'.", r: ic~hL-or_ - Asked the r^arents prESent, why~ do you want a
two and under racility rir~xt door?
r~_; .. E'~~-ucF - Worl:9ng parents have a hard time finding
openings for two ~,nd under and the f~~w openings
Either ar-e r~eople we dnr~'t trust our cl-ii1dren
a~it'h or they are already full.
~d.=i:~-:~,:. ~{ool~ - F.estated F~ow i-iaru it 'is to 'Find good care for-
childr-en under tw~.
Jo;iri r'aes - States his concerri again about tf-ie increase of
traffic in the ar_a.
f'~::r !.amlke - Makes the comment that he is a physiciari and he
aske~ his cl'ients where they find day care? The
answEr- I-~~ get~ i~ they find private homes that
only have a few childre~n and the parents have to
get creative to find tf'iese fac'ilities. i~.
churcti, sFi~ppir~g center~>, o-+ord ~f mouth.
-,
~ Id~~~s Fergo - Iri response to finding a day care. The trust
level is and issue ~hat tl-ie parents want.
Parents return to this facility because the
~ level of trust they feel.
Another issue is this ~acility has been here for
thirty years and in that time no complaint.
Jini Faes - Replys that they moved into the area knowir~g this
facility existed and they accepted situatior~ as is
however, it is trie growth with the new facility
that has him concerned the quality of tl-~eir
neighborhood and the quality of tI~E li{e s'*_vl=.
Nin~ Forgo - Wants ta know what qualities will change^.
Jim facs and John Faes - 1) Parl<ing 1ot will take trees away
wh'ich is taking rar~:=n away.
2) Shrubs will be gor~e - all
cosmetic problern~.
Huar~ Fast~~r - States that the parkins lot can be landscape~
that was reviewed at prior me~-ting and it h~~
been aiorl<.~d out.
Another factor I'could of rented it tc~ many
tenants already including a family with si>.
childrEn ~nd (Rose Added) Anothcr neighibor
wants it for cutting and storing wood and ali
trie pra~,l~ms and cr-itter~ th~t •invites.
Ariother problern is thie development of D-avi= '
~ praperty.
N~!~li~: Hocb - F~ddressing the issue of ti-a{fic, yes their
will be• an inc~-ease of trafFic but somE of th~
nEw tenants wi l l share botl-i cer.i~rs , approx.
nirit farnilie=..
P~ ~::, 'or-cao - Thought about ttiat issue arid it_ ~is appro::. an
increase of 74 car_..
Also the Community ceni:er down the road r~a_
vei~~iou*_. fur~ctivn t.hut dr~+a~a- much mare tr~~ffic
tl-~~r~ ~!hst thc, new facility ~,~ould.
Joj°u~ r~es - Th~_ Commun~ity canter i~ a need for this community
~ and it is gr~at. The neiah~ur~ us~ tfiE Community
center, we de not usc: yc+ur facility.
Kan L-amll~.e - TI-ie n~w fa..ilit,y is a Lau thing__~nd nova you
(Nina) -is up settina tFie balsnce asking for the
permit cFiang~. Tri~y don't like the current
faaility and are ag~inst thie new facility.
N~;tali~ Hook - She (Nina) is responding to :: cc~mmunity need.
Th'is new fac~ility will keep cornmunit.y alive.
Ttie rieed h~as beeri m2ntioncd over and aver
~ ag~-in hy th~ parents that attend the current
facility.
~ 6eraldine Faes - Other concerns: 1) Noise - kids piaying,
crying with the younger
kids from the new
facility.
2) Now I can't open windows
do to the noise.
3) Saw kid cryin9 and staff
sitting on bench no_
tehding to the• child.
Wanted to come over here
herself to seE if child
Ok
4i Because of above, when
she needed day care shie
choice not to brinq her
daughter of 3 1;'2 to this
fac•ility.
N~ir~;~ Forgo - Infant and Toddlers can not go out side Us ofter~
as the children in the current facility_ So thE
rioise issue is minimal.
Also concerned if you (Ger-aldine) had concerns
in the past wh~y did you not come forwarG with
them.
T(Nina) and RosE have never heard from our
• ne.ighbors about any concern in the past.
~~cr~ L~rn'lk:e - In agreeance with 6ersldirie th~t the noise is a
factor now and worries about the additional
noi_.<_~ in tlie futur-e if th'is new faci7itv is
~tarted.
h:en wants Niria's wor,d that she will keep the
windows shut to help with nois~.
Nir~a For-go - For healthi reasc~ris shr will not ketp the windows
sl-iut 100% of -Lhe. timE and sh~ noted that as a
ph~~siciar~ h:en sr+ould lcn~~w that is not he~lth~~.
Nina asN;s aaain te have concarns stated_
Flll Neiahbore - Conc=r-n=_=.: 1} Safety, mainly with parking /
2i Truffic incr~ase //
3~ Physical Change ~~
Niria Forgo - Nina explainad axactly t.l-ie new par4:inc ideas
requested 6y Natal•ie.
The plans include parking area pius laridsca~ing
iri the are~ plus curbs and gutter>.
All of trii_ was done as a result of thie October
me~ting.
I<ai:ie Field -- Talktd dbaut the topics af safety. That it is a
~ problem that everi after tElling parents anc
ask:~ing for policE for help it ie going to
happen. Even in neighborhood parties you will
~ have people park wrong.
The rioise is ~n issue that will be their but
the neighbor not speaking up if she had a
concern is not good cqmmunication.
r•!ina Forgo - She could help by adding a safety piece about
parking and work on the speed sign~ 20mph on Jay
and 35th.
~;un L4rnike - Addressed the parents, what do you de whe.n yaur
child is sick.~
!\ll Farents - We use our sick days and take off work until
our children can ge b~ck.
r;~_r~ :uml!<= - Pl-ayed tape for par_nts. Dr. 61aze talking
about infectious disease. (B cell ar~d T cell)
Ir~fants ~mder age two will get nine upper resp.
infec. and last about seven days.
Thi~ doubles wherr tl-~eir are more thian si;,:
infants ar toddles togethar. Eighteer~ upper
resp. infec. and thEy last two weeks noi one.
Ken point sick kids is that what you want"
~;L'~ ie• Fie7d - You mipht htuv<_= a point but, th•is i~ a point for
us a= parents to deal with and I am not sure
~ what ~his has to do with the new facility Und
the neiahborl~ioods concerns.
~. L:~rnl}-.e - This all i<_•. a busine>= issu~ al;-.c~. Niriu wants
~o mal<= money, thK~ Fosters want to mal~:e money.
,.~~ Hoo{•. - WhAt is wrona with want.ing to mal•:e money,?
~,_..,. <<~~ter - Mentions the neighik~or wh~~~ warits to store wood
~n the tr'ian9le lot and how thcy have turned
down otFier offers.
This wa:: startEd lony zsao b~cause thc love for
kids and ^>he want= t!`7~ new {acility for that
lovt an~ vt~e• see it 'is meer'ting a need.
J Irr, faes - He understands tl~a1: change is I'~ard but he ~oes not
want to lool•.. at a parkiny lot.
i•: iri~ Foryo - What would happeri is this pre-~ch'iool was not
here at all?
Praperty vulues. would change if familie~ with
youna cl-iildren are not around.
Her new facility would I-iav~ sidt walk<_s Und curbs
arid Nina thinks that as a~lu:,.
. rd_-iqhbors - Gener~,lly don't want curbs and ~idewalk= around
tlieir property.
Nina Forgo - States that traffic is an issue for both sides
~ and we (all) should work on that together.
~eraldine Faes - Asked Nina if she has thought about
relocating?
Nina Forgo - Can you tell me where that is affordable and the
size and the quality?
There are spots on major traffic streets and
that is not appealing to parents.
Jim Faes - Agrees that the residential site is more appealing
than an area on a busy street.
nuph Foster - Private homes with a few children as day care
could have problem because the,V are not
licensE.
Kat.ie Field - Kriowing all the issues, Nina seems ta have
taken care ef the cosmetic issue a~ the
parking lot, traffic is on issue bath sides
have a concern, noise is an issue I'm not sure
what to do, but what can we do to sFiorteri the
gap between the two sides^
Geraldirie Faes - Battom line, We do not want any more noise,
any more traffic, no niore qrowtri.
. Meial-~t~ors - No more additional re-zoning. We are tolerating
thie currer~t Facility but n~ mor~.
ni~n,:; ~orga - Reminding thrrti that Davis' property is zoned on
north end for R-3 anu soutl'i end for R-2.
1~Pir~ Fuee. - Yes that is a problem and wE all will have to
deal with that and wE (,neighbors) all rEady have
spal<e aur concerns an th~t issue.
Fiugl-~ F~ster - Other cari~tructior~ Pia~ yorie up te mal~.E property
values ao dowri plu~ l004. bad.
h'En L-amlk,e - My prop~rty vslu~ coulc, go down - hiark: te sell a
housr~• next to nois~.
I<,~ti~ Field - The commur~•ity will grow ana' this cauld be an
assEt to ericour~aye young fam'ilie~ to move into
the area. ICeep the scl-iools alive and tV-ie area.
Natalie Hool; - I moved intv the area Gnd lovad thc fact that
this facility wa~ her_.
hiar-y Bruce - They looked in hi9hlands ranch and other ar-eas
~ but chos~ this area.
John faes - Property will sell even if this facility is not
• here.
RaE: Ann Flageolle - Main concern traffic and noise. Chose a
day care close to work and doctor.
She was wondering if a tall ~ence could
be put up to help with the noise?
iJina Fargo - Basically surprised at all this. They h~ve beer
good neighbors now and back when Rose ran it and
it is hard to see these problem occur now_
[EA:Ii; STAND STI~L ON BOTH SIDES)
~~ri Lamll:e ~nd Jim Fses - Would li~e to see all of us meet
again after everyone has had ~
ta think abaut everytFiing and after
pack.ets have been turned in to
everyone can read the facts.
N~iri~~ forgo - Meet here same time Tues~ay 6efore counsel
meeting Thursday.
t,_:r~ l.anilk.e - Better going be{ore tt•ie comm'ittee with some
>olution they both agree upon because this will
hiElp tl-ie camm~tte~.
• ~I~.~nh. ro<_>ter - Not sure why me~=t agGin because he does not see
anyories thouaht> have chariged.
~n~ni.:~r°y Cvncarns: 1) Safety (concern for bc>th parties)
2) Tr-affir (concern for both parties)
3j Noise
4j Fhiysicsl chanqe in appearance
Solution: lj Stop sigris (Group effort)
2) °,ide walks
3j Traffic Liahts
;'rall =.olutions of'fered by N'ina,
r~eighbors had norie)
MFetings: 1) P;;c~:ets due February 11th, 1994
2) Next Neighbors Neeting February 1.`i,
1994
3) Meetiny Zaning F~~bruary 17th, 1994
4j Meeting with Council ~ebruary 28th,
1994
•
E,. ~~.b~~ \ S
~$
~ARY 31, 1994
0 P.M.
MEETING OF NEIGHBORS TO DISCUSS THE SPECIAL USE PSRMIT APPLICATIO .
NAME ADDRESS -
~102MA ~,d~~ 6215 ~l~lESr ~iGl'3 ~ve.
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2~•,R.•~ ~C
¢ ~ JEFFERSON COUNTY PUBLIC SCHOOLS
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~ ca~op'no' ~ 182G ~ENVEq WEST DHIVE. BUILDING 1t27 / GOLOEN. COIOBADO 80101 i (30.~) 273~G803
OFFICE OF THE BOAiiO OF FAUCATION
~
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~
. . ~
:~~. W ~~,<~o, August 7, 1992
vrnro~m
Knk C BqOy
Fn~t V¢o~~iasiaoni
Ms. t~a Forgo ,
Wheai Ridge Day Care
""5 ~; e ~a.P,.,,e.~, 3536 Jay St
Wheat Ridge , C O 80033
"•" 5 ~,::;,'°, ~ Dear Ms. For~o ,
Y
The Jeiferson County Board of Educ~tion wouid like to extend fts
Jon DeSialano appreaation for your support of studerrts during the past schoot year.
,,.a,~,a,
We value business and education partnerships and the enriching
-°"'S p`;,^e „~, e~cperiences they coniribute to ths eduqfion of our children. Thank you for
helping an eighth grade studerrt from Wheat Ridge Middle School leam
commun~cation skiils for both those older and youngerthan her.
Your coMrt~iosle recognized with grdTitude and increases the scope of
educaUon ,. . ~'! ~,1 by our vital community resources. ~
SIncerely,
~~ m `~
Nan J. ~c~
Sec etary ~
.
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JE~FERSON COUNTY PUBLIC SCHOOLS
. oc.,, o,
YNERT RDGC JUNIOt x14N T[NOOI
710I Y~st 7tt~ Arroue
YAt+t RIEqt, Color~~e 60077
May 21, 1992
Wheat Ridge Day Care
Ms. Nina Forgo, Director
3536 Jay Street
Wheat Ridge, CO 80033
Dear Nina Forgo:
I would like to take this opportunity to
"Thank You~~ for tlse vo3unteer hours that
you gave our students throughout the year
working with our Apprenticeship Program.
.
- Without caring people like yourself, the
students at Wheat Ridge Middle would miss
out on a lot. It's people like you, who
volunteer their time, that really show
our population what is important in life
-- caring for others and sharing one's
ta2ents.
Thank you again for beinq a part of Wheat
Ridge Middle's Finest.
Sincerely,
Car hiele
CS/smk
.
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JEFFERSON COUNTY PUBLIC SCHOOLS
WHEAT HIDGE MIDOIE SCHOOL
7101 Wnt38ih Av~rx~a
whau aiaa.. Cobrado eoats
OFFICE OFTHE PRWCIPAL
Dear `~~-~i~ ~
The Staff and I wish to sincerely thank you for the hours you
have given to our students at Wheat Ridge Middle School. This
school year is coming t~ a close and many of our students have
been enricfied 6q~the giving of your time and love.
Thank you for showing our students, through your example, the
importance of giving oneself to others so that they may grow
and in return reach out and help someone themselves. May this
chain never be broken.
= QUALITY
~
"Quality is never an accident;
it is always the result of high
intention,
sincere, effort,
intelligent direction and skillful
execution; it represents the wise
choice of many alternatives."
Thank you for the "quality time", you so willingly gave. I
look forward to working with you next year if your schedule
allows. School starts up again August 17th. May you have a
wonderful sumner.
Sincerely,
,,~-!'u~-~.~ ~.~-+--
Sherry FulTer
Educational Assistant
Mentors, please stay in touch with your assigned student over
the surmner.
~
~
•
VOLUNTEERS OF AMERICA
rvu~moN sEmncES oiv~oN
2tl6 Lirvnl~ SVeel • Dern~r. CNOnOO BOZOS22I9 • (303129'-0t11
Jean Gallwvay
Charperson
ff_L~i~:ciif n~ ln~~
I1`~']P3t' [;1G1~~P Pre-Scho!~1
'~36 ~a~~ Street
~vhe.r,r_ Rid~e,' CO ~00?'
:~i t~hnn Zt ~:a~ rnncr~rri:
For the past 7~•e.~i•s t~l~ Seni~rs ::t the ~il~?at Ric.~yr• ~Je.ll Site
17.Ea`:r~ efij~7t'~:,d nan~• goo~.l ''iru_S :~iFli thr~ :"un:,;tit:~1'S ,:' Yi~~,~ [~h•'.,~' r,i,ign
Pre-5~7hi~~:~ 1 . .
C~sually for holida~-5, .iF. Pasr.er, Y_=.i]~,<<een, ,~n:9 ~i~ristr.ias,
thr=;- L:cin~~ its .~ i,rngrar., :•_.'. i•::, n~; :::i~:s~ . r~~-•.:t. f;:c '.tr.•ci.
It !i,ss been a c-er1' ~]r~~~d -r~r.hange E:+er_crean _:~>i;nc~ ._,r;,•1 r.t,i~ri~•.
Slnc?°c•] ~•,
~G~'~iy~~~~s~
Corrine Sr_hilling
~'~~.liirit-_ers of :ar.ieri.:.t
~iiZea~Rid9e ~Ieal Site ~'c,~,r-1ir~._~tr,r II
CF; red
.
~,~~ A United Way Agency ~ ~,,,~ ~,,,,,~ ~1e, ~,,,,,
Diwu L. Kunx
PmeiOen
M~ Sandf NWNOn Piop~o
MWrw~WlreY b Peopa wM N~5
-=_, t'Jc:- _-u 4L'c:V:.=
=.~. ~ox~: _ ~.
.VHEA i nIGG~. :.O 90C~=-C=~~
. ;,,;y Aa^m. rax s 23»-5?Z-
February 9, 1994
,3031'234-590C
~oiice Deot. Fax = 235-2?a9
Wheat Ridge Pre-School
3536 Jay Street
wheat Ridge, CO 80033
To NJhom It May Concern:
_ The Crty of
~Wheat
~Ridge
For the past three years, the director of the S9heat Ridge Pre-
School, ?Vina Foreqo, and I have worked together each year on a
special Easter program i.nvolving the pre-schnol children and the
seniors. Our seniors dye and hide eggs throu~hout the r.enter and
park located next to our 1-iuilding. The children then ~•isit us to
find the eggs and to meet the Easter Bunny after the egghunt. The
children perform an Easter program at the VO~ mealsite held at the
Community Center. Both groups thoroughly enjo~• this program.
~ The wheat Ridge Pre-School also visits the VOA r~ealsite on other
occasions throughout the year.
Sinc rely,
C~ ~ ' tr
~ //~.
Karen Ruiz. Direct~
WHEAT RIDGE SENIORS'J
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Nina Forgo-Small-
~irig Cn.i`~5
Her Business
"I prefer to work mith yaanger
children mho ar¢ still open to the
possibility o~'becomirsganything they
mant to be. '
These are not, as you might eapect.
the words of a profesaionally•trained
educator. Rather, they are the words
of Nina Forgo-Small, M.B.A, DirecWr
and Owner of the Wheat Ridge Pre-
School and Kindergarten For Nina
Forga Small, cariag is her business.
4Vhy a pre-school and kind~. bo. ~,en
after getting an M.B.A.? Forgo-SmaIl
eaplained her decisioa this way: "It
Y.:.:.ants tfie syntfiesis of the two
things in my life that mean the most
to me: worldng with children and
owning my own businesa - in that
order. Besides, in what other business
can you make sand castles in the
morning and do the fiasncials in the
.
Forgo-Small's philoso~hy of child
development is ~a~...~ed by the
SchooYs logo which she desigaed - a
teddy bear holdiag three baloons: one
red, one blue, and one yellow Forgo-
Small eaplained the meaning. "Red,
blue and yellow are thep ' colors.
They serve as a reminde~at pre-
school and kind~.ga..2n aze a child's
~ primary learaing eaperience. They
also represent the three kinds of
development for which we are .~,Y.,.:
sible: cognitive, social, and psycho-
logical. I never look at the logo with-
out t~+~U~ng about our purpose in
being here."
Asked what distinguishes the
Wheat Ridge Schoal in a very com-
petitive mazket, Forgo-Small gives an
answer that makes it clear she lmows
the benefits of her product. "What
makes the School unique is that it has
been here - at the aame locatioa - for
32 years. We have ch~ldren whose
patents graduated from the SchooL
With a 32•year history, we offer the
advantage of consistency - consis•
tency of philosophy, of purpase, and
of personnel.'i~lce our petsonnel, for
eaample. The average tenare of the
staff is nine years and one teacher has
been here for 20 yesrs. But it's not 'ust
the longevity. It's the profession~m
of ovr staff combined with a very tov-
ing and caring attitude.•,
Fotgo-Small a•*+RnAtey such a loviag
and caring attitude herself that it is
c2early she who sets the toae for the
SchooL Having survived a plane crash'
aad the subseqaent agony nf eight
months of hospitalization and 20
operations, Nina embodies a ldnd of
courage that is rarely encountered. It
was her owa idea, as part of her
recovery program, to pursue an
M.B.A., which she was awarded in
1987. Thea she went looldng for a
business to buy and found the Wheat
Ridge SchooL "We had only 27 chil-
dten when I arrived. Within four
months we had 57 - which is our
ca acity. We aze still at capacity
toaay. ~
Forgo-Small is very active in the
day-to-day management of the School
and even takes great pride in such
duties as answering the phones. "I
believe in .being as available to the
parents as I am to the childrea.••
Wlule she has plans forezp ansion,
ForgaSmall stressed she doea not
want "to merely duplicate what we do
here somewhere else. Rather, I want
to dovetail with what we do best here
-provide a place for children to
zealize their full potentiaL Tn that
sense, I would eapaad upoa a philo-
sophy instead of eapand upon a
busineas.,•
When the subject of advertising
came ap, Forgo-Small had interestiag
information to shere. "While I do
advertise locally, our cuatomers do the
majority of our advertising for tis.
Even though our average customeris
oniy three or four years old, they rave
about us to their friends who, in turn,
tell their pazents, who ... well, you
cangu ess the rest"
What brought Forgo-Small to
Women's Bank? "First. I'm literally
a `Small' business," Niaa responded
*~+rninfiilly, "and it's a bank that cares
about small businesses. Seriously, at
Women's Bank, you don't get lost in
the shufIIe as you do at lazger banks.
Secoad in my business consistency is
important. I place gteat value on it
and so do the patents of our ch~ldren.
What I like about Women's Bank is
that they aze consisteat in the levei
of service they provide."
With customers as special as Nina
Forgo-Small, we at Women's Bank
find providing good service is its own
reward.
(For more informaLion on The
Wheat Ridge Pre-School and Kinder
garten, contact Nina Forgo-Small at
424-748u`.1
Harold Bates-A Valued
New Member of
The Women's Bank Ti~am
When Women's Bank hized Harold
Bates in ApriI as its new Vice Presi-
dent and Cashier, it actually hired
three employees in one-azt indivi-
dual with strong qualificaCions in
bank managemen4 ,.--r__,::s 5nance.
and data Y.....~,,s;ng. In sddition to his
nine years of banlong eaperience,
Harold Bates has beea aaindep~dmt
5nanaal consultant and anaiqst, the
Cluef Fiaancia2 Officer for an import-
ing firm, and the Corporate 1Y~easurer
for a group af natioaaT~ .:.,,,,gnized
gourmet restaurants. Aa Bates him-
self aclmowledges, ••FIaving heen a
.... r..• ~te 8nancisl manage~ I have a
better understanding of banldng from
a client's point of view"
Asked why he decided to re~enter
banidng. Bates..::.r....ded,'•I wanted
to retura to a:.~,, ,;,anding, finan-
ciallysound, independent bank.
Women's Bank fits that description.
In addition, it also happeas to be uai-
que among the banka on 17th StreeG
It is reaily a 560 mitlion comm¢nity
bank in a wrporate banking markeG
We are a hiB~Y P~ commer
ciat bank. That gives us a reai advan-
tage in ,,,,..,Y~:..,.g for businesa.,•
The first challenge that greated
Bates in his new job waa the conver
sion irom an outside data,,.,,,,,;,,,,;,,g
buteau to aa in-house system. Bates,
who has ezten~ve previws ezperi~ce
with computer ..Y~.4.,.ans both as a
banker and.,,,r...~ Snancemanage~
commented. "I w~l be u~8 mY ~P~`
ience with computers to facua a gieat
deal of attention to cost accounting,
assetlliability management, and ratio
analyais - all i..Y,,..,ent issues.••
Womea's Bank is fortunate to fiave
as a new member of its management
team an employee with the uniqne
combination of taleata that Iiaro(d
Bates possesaey.
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Neighborhood Conditions RE: SUP-94-1
(If one or both businesses are passed) F~81 r:y~~
~~~~~ ' ~ I~f L~'`.s~~,l.l
~e~ ~ ' ~~:
1. At 3536 Jay Street business, neigiibors want compliance with Sectm71~~~8~ ~~pME~T
a Speaat Use Pesmit is granted. '
2. At 3536 Jay Street business comply wfth "Minimum Rutes and Regulations for Chiid
Ca~e Centers", issued by the Oifice of Chiid Care Senrices, Coforado Department of
Sociai Senrices.
3. At 3516 Jay Street business comply with `Minimum Rules and Regulations for Child
Care Centers", issued by the Office of Child Care Seroices, Cotorado Department of
S.ocial Services. :
4. Comply with the Americans with Disabi(ities Act - D~~~r'~"~
5. Require asphait parking at 3516 Jay Street.
.- 6. At 3516 Jay Street business comply with safety codes regarding required off-street
parking, Sect'son 26-31. - p ~
7. Compiy with Condition #2 of the (X) Staff Recommenda6ons, dated 126/94, 3536 .
~. Jay Street which states, "The Special Use Permit be limited to a day care cerrter for up
to 45 preschool children and kindergartners.'
8. Altow, no more than 23 infants and toddiers which is the number stated by Nina
Fargo as the number she expected at the i~rfant and toddler cerrter. .
r
9. tnclude the Faes' exhibit conceming iandscaping at 3616 Jay Street business. -~
_ . . , . c~~i'"
10. Install stop sign going east and west on 35th Avenue at Jay Street. -~pSS ~~
1 t. Noise mitigation plan to inciude:
Solid double wood fencing or equivaferrt;
' ~ Staggering times chifdren at pre-school area ovtside;
Supervised planned actlvi6es when children are outside;
DepaRment of Social Servioes approved air conditioning and ventilation
system at ir~fant arxi~toddfer center to allow windows at infant and
toddter cerrter to remain closed at all times, onty exceptions: air
pollution, breakdown of air conditioning or ventila6on system,
emergency exit due to fire.
12. Landscaping to include removal of sign on 35th Avenue. Any sign on Jay Street
should blend into the neighborhood. ~ ~~.,,.. ~~,..~,y'
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13. Applicant to obtain variance from 26-31 (C) (6) (b) design standards that require
100 ft. spacing between errtrances or exits on same lot. We oppose granting such a
variance because the applicanYs proposal, a 45 ft. distance between entrance and
exit, aggravates a pub(ic safety probiem created by the presence of traffic from the .
. existing p~e=school. We believe the public works director may not modify or waiver this
requiremerrt under 26-31 (C) (6) (~ because a modification or waiver woufd not have
, its primary purpose of preserving public safety. -~' ~,~, ~, o;,~.;
~~
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~ SCHEDULB FOR A TYPICAL DAY
at
WHEAT RTDGfi PRE- SCHO.OL AND K]NDERGAttTEN
:~ -
7:00 a.m. to 8:15---Arrival, sign-in, special concerns discussed, f~ ce play
8:15 to 8:25---Clean-up of free play
8:25 to 8:35---Moming Stretch, talk about the plans for the day aiid the group play
that morning
8:35 to 8:45---Watch Mr. Roeers' Neiehborhood,
_ 8:45 to 9:00---RoIl call and gross motor activity in large circle ~
9:00 to 10:15---Group work by age, with snack at die end of grou~~
~ 10:15 to 11:00---Outside play(weather permitting), games, free play, music
~ ~ 11:00 to 11:15---Story Tune
11:15 to 11:30---Wash-up time
11:30 to 12:05-~-Lunch
12:05 to I230---After lunch group, with story, alphabet, film stri>>. ~inger Play, etc.
12:30 to 2:45---Rest time
2:45 to 3:30---Bathroom needs, tie shoes, put bedding away
3:30 to 3:45---Snack time
3:45 to 4:45---Outdoor playtime
4:45 to 5:00---Pick up time
\• 5:00 to 5:30---Sesame Street,
~~ ~~
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M~ .
5:30 to 6:00---Departure, Sangs, gan~cs, story
: - - -- -
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S , DRAFT OF PROPOSED
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6 •
~ •i~~/ ~ ' !i ~ .e ~ 4 {
~ RULES AND REGULATIONS C30VERNING
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THE SANITATION OF
•
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• CHILD CARE CENTERS IN
~ THE STATE OF COLORADO
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13
14 . September 7, 1993
•
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• Z CHAPTHR ONE
3 GENERAL PROViSIQ1dS
4 ` PURPOSE
5
6 1-101 ~uthori~. These rules and regulations, promutgatcd pursuant to Titles 25-1-107(m},
7 25-1-1U8(t)(c){I) and 25-5-508 C.RS. 1973 as amended, shall be applied to promote their
8 underlying purpose of protecting the public healtii. It shall be the respoasibility of the owner,
e , 1
9 manager and employees of eny child care center to. moet these minima! standards.
!0 .~EFINITIONS •
,,... ~ ~ ~ .
,., ,
1I 1-201 Definitions, The following definilions shall appty in the interpretations and the
12 enforcement of these regulations unless the context clearly states otherwise.
, ;,s, . , . .. .
~ • ,.
14 (a) ~nnroved shall mean accopeable io tho Colorado Department of Hesith or its
15 authoriud agents or employees based on detcrmination of conformance with these
16 '• and othor a,.r...~.riate standards and good pubtic health,practice.
17
l8 (b) Chitd care exnter shalt mean any facilily defu~ed as such in Sections 2b-6-182 and
19 , 26-6-103, C.RS. 1973, as emended.
20
21 (c) e t shall mean Colorado Department of Health or its authoriud agents or
y
22 emptoyees. ~
2
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~ 2 (d) . Emolovee shal[ mean any person working'or volunfcering to$perfocm duties in a ,.
3 child care center. ' E
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4 , ~ „ .;,. ..~a~~~ ~ -i,, a,. .~ F;,, .,f `s,.~:~ ~'..
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5 (e) ~xtensive remodefinq shait mean any temodeling'that, normally' wodid require a
~ a
6 bailding permit from locat government. Routine maintenance, repairs, or cosmetic
? changes shall not be defined as extensive remodeling. .
8 ~
9 .(fl Infant shall mean a child betwern birti- end the age of eighteen months and who is
10 enroUed in an infant center.
11
12 (g) New child cate center sha(I mean a facility which is newly Consttucted o[ sn
~~~ - existing structurc thatis converted for use as a chitd care center. •
14 (h) ~otentialtv ha7ardous food shall mean any food in a form capable of supporting
15 rapid and progrossive growth af infectious or toxigenic microorganisms or the
16 slower growth of Clostrfdium borulinum with a water acdvity value of 0.86 or
17 gr~ter, or a pH• level of 4.7 or Jess.
f8
19 (i) •~tefuse shall mean any gacbage, trash, or other forms of'soIid waste.
20 . ;b: . - .
21 r G) ~Saniti~ation shall mesn effective bactericidal treatmrnt by a process that provides
. , .
~ enough accumulative heat or coa..~..:.w6on of chemicals, registered with thc U.S.
. , ., . .
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, ' ~ I S.y ta* t ;. 4~' 7
, ~ . . ' a.. , ' •~.: .9 , , . . .. .. . , .
1 Enviconmental ProtecGon Agency as disinfeptants, for ~cient time to reduce the i
,2 , bacterial~~,p includin tho ens to,a~,~{~e leveL~ .~~~ ,~ (~} ~~'
ti (?! i'.':'`;siCJ !IT£:~i"i'F# iJ7 '~j~~E'~~lv,~:+ tv g ~«a.~g.. S's,.y 44' .: .. ~:~3~ :ix .~" "'T~ . ,
7
3 ~ ~ ' xst:b:.;:, a'~~ AP;r~'9 ~ .
4 ~(k) Toddler shati meau a child who walks independently 6etween the ages of tweive ~-
. S - j~]ontt-s and thirty-six months and, is onrolled in the toddler ater:= :; i
~bY
£' `.:',..,0^. ~t `'i110'~~ q:is~i'ic, , ,:~a.r ,3.:.,v.. . ~- ~ , ..... ,,.. . c..,rr....--' -.. ~.. .~.__.~c . .
6 .~:.t:..l?._, s;~ gal~" .. ~.::~° "~`, . . 3:';ti'd" `~ .~:E"'~i}C'fvZf~.:Y:^.'~ fRC3^§.o":.-~r:+'Q :i:t':,.: .,.±t;}:~SSI.'C,~ U
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7 ' Onc method of demonstrating effective bactericidal treatment is by an average platc count
8 per utensil sutface exaznined of not tnore than 140 colonics, or aot more thau 12 1/2 colonios per
9 square inch of equipment examined ia eccordance with the procedure detailed in Public Health
10 Service Publication No. ! 631; "Procedures for the Bacteriological Examination of Food Utensils
11 aad for Food Equipment Surfac~s." This is not intended for use as a routine field procedure, but
12 only for the supplemental evaluation of sanitation procedures. ~
. 4 ~
.
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1 ~. CHAPTER TWO ~ ~ :
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2 ~Ci tA>u. .i:i.t~ ... ...:" . i':.c3 ~ t:'st;'~ , ,,p~"~.~.~.5. , ,'~, :~W:'.~ •i~3i'1:+::t~i ;f,9 :~~ ~°f,
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s ~ cROUrrDS .:~. ~.~,::,~,::~ ~;~~;:
4 ' . . £`..
5 2-101 Geaeral. ~'he grounds and premise shall be well draieat and free of refuse, litter, ~'.
6. animal droppings, insect and rodent harborages, wad ov...6. ~.~th, and un~sed equipment. T'he ~ ~
7:.saad and .soils in ptay areas fihall not conta9n hazardous levels of any toxic cheaucal or `~'
{.
8 .' ~. substances. ^ . .. , . . .
9 , , - , ~.,vi~.+ , , , ,. .:,:.. , . . :, . ~
10 2-102 Maintenance. At! outdoor areas shall be maintained in a sanitary condition and be'
11 free of insect and rodent harborages, atid the following wtprotebted items: we(15, grease traps,
12 cistems, cesspools, septic tanks, ut~d/or utility equipment. Tteatment of outdoor play equipment ~
~ 3 ,::with materials which have a toxic residua( shall be pcohi'bited. " ~
14 ,. .. . . . ' .
15 ;:. 2-103 .,,. ,. Solid waste. .. , ~ ``.
16 (a) .,- • Exterior garbage and rubbish cantainers shall be easily. cleana8le,' covered, we11 '' '
,~
17 , ^ maiMained and inaccessible to children. ..., ', ',° .
l8 _. ,. .. . ;, ~. . • . . . :~
19 (b) . Stored refuse shatl be inaccessible to inseets,rodents azsd oth~r pests.
20 • • . . . , , `' ~
21 (c) Refuse shall be removed on a regular basis in a manner which would prevent
22 • creation of a nuisance condidon. •
5
~
. ,,~
. ~ t~
Interior garbage ~nd rubbish conisiners 'shall be easily cleanable and shall be '~',~_.
emptied whenever full. • _ `E ` .
3
. ]°., .y. y ' •. , • '
(b) Only portable wading pools under close supervision, shall be used. Use of portable
.~ wading poo~s by infanis and toddlers who are not Wilet trained shall be prohibited.
-' Portable wading pools shall be emptied after usc by ~ach group of chiidren or at
least daily and placed in storage when not in use. A contamiaated wading poot
POOLS
4 ,,»:s~^ ':,:~~~ ~ ~<: ::~ -r.:~: ~.~ _ t .
5 __:"'2-201 ~,,,_..:,:~Swimmin~eonls ar~d wadin¢ oools . ..: .. . :. . .:. . .r. , ~. r;
6,, 4_, •, _,.(a) . Swimming pools and pemianenl wading poots shalt meet'ttu requitements of the '.
7 1993."Cctlorado Depar~ient of Fiealtfi Swimming Pool Rcgutations and Standards". ~.
8 • When Iocat health or building departments have adopted codes equivalent to or `•?
9_. ~ ., moto stringent tban itie above, those codes shal! apply.
an
10
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12
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i4
~ 15 .
16
17
18
f9
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i~ _" .
ri
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, sha{! be empGed, clcaned and disinfected. Wading pool water shall be chemically
:~. disinfected by meaqs of not (ess than O.A parts per million (ppm) and no more than
two (2.0) ppm free availabie chlorine or by meaas of equivalent approved
disinfection. The concentration shall be mcasured by aa approved chemical test kit _
availab~p on sitc. . , . •
20 (c) Thc water temperature shall be maintaiaed betwan ?7°F end 90°F while the pool
2l . ig in use. ...
y
•
6
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~ 3 . BUILDIN~i ~
4 / '.. , , , :2S . v},:,`,I~,.•• ~°:~a~:. • ~ .,:~ ..~;~?"~; 1.~~. ~J, ~.~~~~ , ;a:.*~-Z':,~~,_ f:~)
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S ~;3-10I a General. The buitding or buildings wherein a'child carc ceiiter is operated shatl be
6 maintairted in good cepair end shalt not pose s health fiaiard to the cfuldren attending the center.
7 Buildings shall be maintained in a clean and sanitary condition. ~ '
~i
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8 .
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9 o-3-102 ~~ ;~:i Doors and windows. All openings 40'ffi0 ~outside shall be effectiveiy protected
I O against the entrance of insects and rodents by means of self-closing; iight fitting doors, screening
! 1 of openable windows and/or other effective means. ^ ~~'
~ Y
1~ ... ~~. '.1a . n it r.. 1L :1 ~i . . . . . , .
• u ~ .. .~.ni.. d ,:)• . .: . : : "' S.
' ~ 3-103 ~•.. ` ~'~inishes; " . '
~4 ~ ~
15 (a) Room finishes shall be easily cleanable and inaintained ciean.
16 '
' . ~ ,: . .
17 . ;;.; (b) Hand contect and splash areas of doors, wa{]s, cabincu and shelves shall be smooth,
,
I8 non-absorbent and tasily cleanable. .
l9 . ' . . . •
20 (c) . Floors shall be smooth, dry, cleanable and fra of cracks, spiinters, and utility
21 outiets. ' . . ~' ~
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Carpeting shall be 6ghtlyi~voven aad y
in good repair. ~p~ l ~
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3 (o) Carpeting shall not be pecmitted in kitchens, restrooms, utility rooms, mechanical ~' h,
4 ' tootns or laundry areas. In_ new or extcnsively remodeled facilities, permanent ?! '
.~,.: ,;,..~, ;;>:~: , . v . . ., . ~
5 cacpeting shall not be petmitted under and azound dining and watar ciaft ta6les, or ''
6
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sinks. ~ , .... ..~, . .. ,. ~ r. . . . .
: . ; .~r :~a =~. :.r
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7 . ~ .
8 (~ Floor wall junctures in al! areas not cacpeted sha1L be tighdy coved with approved
9 . . , ;
co~ca~e coving. . . , , . . i::~ss ~ .: °~n. ;,. .
i.., . ,~ -
10 , . , ,.,~ ~. . , . .. :.€
11 3-104 Ventilation. VenGlaGon, mxhanical or natiuai, shali be maintained to minimize ,= ~
12 health haTards iacluding excessive drafts, odors, exireme temperatures, humidity and temperature
• fluctuations. . ~
14 3-105 ' hti , ql( areas of We ceater shall be adequately (ighted..
15 • . . • .
_ 16 (a) A minunum of thirty (30) foot candles of light shaIl be provided upon work and .
i7 ~ play surfaces.. . , •
18 , . .
19 (b) . A minimum of twenty (20) foot candies of light shall be provided in restrooms.
20 , , . . , . ~ . ~ ' I
ll . {c) A minimum of ten (10) foot candles of light shall be pmvided in hallways, i
~ a
u stairways, aad thc remainder of the facility. '
~ I
~ • 8 • '
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~ 2 3-106 Heatmg, Heahng fac~lifies shatl maintain a draft_frx tempetatur~ of at least 6S°F
~_tos?r_._. - ~. ~~~~~~~~ ~~a~..;v~~ ~
3 at floor levei in occupied rooms. ~
4 , ~.`,~~(iZ AI;~~V.! ~
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6 '13;fY~:3 9~.Fia ~:5d~ ~J~~C! 2Z)..:T,:t 9i~ iLeti ~".~'9•w"':t :s~t~$Yd:~t 1;0'<<ijyL~: ."f.~+~~T!1?°+~ i$A .~e~,y°~~ . 1{~''i•~.,
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1 ' , CHAPTER FOUR , r
"~~AFi ~'~i It ?J '~z..~.Y"`!~''.".4°'~1~?"Jl: i.~ :~ ~w,;: '~'. .:,i~ ~.'~ :.e~iLti •ar . .u;Y'{ .~i~S,Ik~=~~ +1.~5•l`. ~~
• 2 _ ~ SANITARY BACILITIES AND CONTROLS ,_ ~~
. ~ ' .. S,:YV.'•Jsi f27 .:"i:7! 'f~1~`. E.5 fr.
3 WATER SUPPLY . ~
4 ~ ~
5 4-101 ~ General. Ats sdequate supply of potable water for the needs of the child care center ~
6 shall be provided in We building housing the establishmen4 and shalt be from a source constructed
? and opecated in comptiance with the "Colorado Primary Drinking Water Regulations" and
S regulations adoQted pursuant to Title 37-91-1 !0 C.R.S. 1973 as amended.
9
10 4102 Boceted wacer, Bottled and packaged potable water shall be obtained from a sourco
i l that is approved by ihe Department and sl~sl! be handfed and stored in a way that protects the
12 watcr from contaminatioa.
~3 - .
14 4-103 ri ki wster. Dricdcing water shalf Ix readily aeeasible to ehildren whenever the
15 facility is operating.
16 ~
17 (a) Drinking fountains sliall be equipped with angled jets and orifice guards located
18 above the rim of the fountain. The pressure sha!! be regulated so ihat the watec
i9 stream does not come in contact with the o~ce nor splash onto the floor. Drinking
20 founta'ins on restmom bandwashing sinks shall be prohibited. In new os extensively
21 remodeled facilides, drinking fountains on designated art or science sinks shall not
0
22 be appSOVUl. • _
S ' 10 . ~ '
^ ~ ;;~r: . . ' ~. . p~~, ta, jt ,
y i~n'..
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. , , . ' "t4',`
~ ' a.~ho~ tr~tt~u6a aawi ~.rnat~r~q::_ ~ti~i,::., >.: .. ..t r~ ac . . . . `~:~ ~r~.d. . . . ,i ;
~-2 (b) Individual drinking cups shall be dispensed by ~the staff or through an approved cup ~
i; .. .. .. .;.,. . , 5;~.'„:,'
3 dispenser. Children may not share drinking cups. ~„_
4 ' ~
a~fs~:a~Yt~ ::•+ ~a~ea.i .:;x.~ ~ ^t.~~: , . . .. ~~Eria.. ~...
5 (c) In ali new or extensively remodeled centers a separate angle jet,drinking fountain ~
6 shall be instaIled st an apr..,r.:ate height for use by the children in the center and ~,
7 shall be installed using the "1991 Colorado Plumbing Code ( the 1991 Uniform ;
;;,:~, . ~f,.~, ;, .., . ,
8 ~ Plumbing Code [CJPC]) as a guideline. ,,;,;. n
`li;~^~i. ~. E~t; ';. . ~ . .~~._ . , - ~ .. ~
9 ' r . ., `:r.; .
10 4-104 ~Iot Watr.r Suenlv. Hot water shalt be provided at al! times. ~~
11
12 ' • . SEWACE
~~3 • ~ • , . ~ ,
< <..
14 4-201 . Generai. Alt sewage, including liquid waste sha11 be discharged to a sanitary sewer
15 or to a sewage system constevcted ..r,:.~.:Ld and maintained according to law: .
.. ... . , . .. ,
16 ' ~
17 , pLUMBING ~
18 • • . ~, ~ '.
19 ~ 4-301 Generai. A1l plumbing shall be sized, installed and maintained in accordance with
20 applicable state and locat plumbing codes, ordinances, tegulations and standards. There shall be
21 tto cross connections between the potabie water supply and any non-potabte water supply, or any
22 source of contamination. Plumbing shall be designed and constructed using the "1991 Colorado
• 11
,
~
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.: 5 ,~
~,~~ ..... ~ a.`,'. ' , . . . , ' ~ . ~ .
. . , , .. ,. ~':•:s'.
1 Plumbin Code" ~ '
g (UPC) as a guideline. Where local buiiding departments have sdnpted codes
; ~ ~ .,: ^:;
•2 ~~''equ'ivalent or moro`stringent than the abave, ~{hose codes shall apply. ~~-
3 . . . . ... ~ €
4 4-302 Backflow. The potable water system shall be installed and maintaincd to preclude
.. •:
5"' ihe possibility of baclcftow or back siphonage.
6 .. . •> • . ,.
7 ` 4-303 '~ion-nntablP water lines, The piping af any non-pota6le water system such as air
8 conditioning and fue protection systems shall be labeled aad identified so as to be readily
9 distiaguished from piping that carries potable water.
10 ~
t I TOILET FACILITIES
12
~ 4-401 . General. Only flush toilet facilities shall be instatied in the establishment, shall be
d4 ` accessible to children, and propcrIy maintained in a clean end sanitary condidou utiliyng good
15 hygienic prectices. The "1491 Colorado Plumbing Code" (1991 UPC) shall be used as a
i6 guidelinc. Summer camps shall have adequate toilet facilities avaitable for use.
17
l8 4-402 ~nishes. Toilet room walls end ceilwgs sha(1 be constructed of easily cteanable,
19 ~~nonabsorbent materials. Floors shal! have an impervious surfeic~. Floor wall junctures sha!! be
20 tightly coved with apQroved concave coving. . '
21
Y ~ . '
~ ~3 ~~~~. Toilet fixtures shall bc of an easily cleanable design and in all new or
~
,
~:
• 12 l~ j
1 extensivety remodeIed facitities be of appropriate siu and height for the children in the center
v,z='ir.7a ~rzs~i~z ,. .. <<<:4 ..,; , .. . .~ . . .. .. _ ,,. ~stt'i ..... ,,~..u
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. „ ,. .,. ,
3 ~
4 4-404 ~rivies. The use of privies in child care centers is prohibited, except that the 11se
5 of privies located in remote areas of summer camps may be altowed oniy after obtaining the
6 approval of the Department and meeting applicable standards and guide(ines. Privies shall be
. . , . _ . . . . .. `t...
yra: ~ ~ ., , . . . ' . . . . , ... " . •.~',. . , . ~
7 sepazated from sleeping, acGviry, food preparation and storage rooms by g minimutn of fifiy (50)
, ~.:,~,~s ,°, . .
8 feet. ~ ' ~~ ~ ~
.. . J'.: J1+~: . . ~. . . .. , .... ~ ~
9 ' •
10
il
12
~~
14
15
16
17
18
i9
20
21
?r~... -. ,... - •
4-405 Suanlies. M adequate supply of tollet tissue shall be evailable from a wall hung
'~, . '7,y,;i . . .
dispenser located adjacent to each toilet.
~
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~
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4-406 - Toilet seat inserts. Toilet seat inserts, when used, sha[I bb constructed of durable, .
easily clean861e materials and maintaincd in a clean and sanitary manner.
. ~ ~ • •~
4-407 Ven6latioa. All toilet rooms in new or extensively remodeled faciliti,es shaYl have
adequate mechanical ventilation to the outside. Chemical air fresheners which contain toxic
substances shall not be used.
HANDWASHINGBATHING FACILiTIES
:
22 4-501
~
General. Handwashing and bathing , facilities shal[ be installed using the "1991
13
.. i.q:ir'i,' .~~'" ' ., ' ,`Yd`
.. _ `..;f a..~.:/': ,
, . , . .'e4. ~ '~~ ~
.1'~S1'S7'3~t l:if. :a ': .' ., rre: ".r~~ ';?°~r.4s :~..tt .Tt::(^ ':JB;:'..;:"~'zi6~fi; ~,r~: 25ti.i>':tii; ,'' ~,. , .. ;, . . ., ,~n ,
• 1 Colorado Pliunbing Code" (1491 UPC) as a guideline and be maintained in a clean, sanitary '.'_.;.,
2 condition. `~'
' ~
3 .
m ) •.s ~ , •,, , : ,s . .. i . ..~
l ,J~OT ;RA +A~S Yl..," . . ~ :1.., « . J . . N ~ . °)w~ :.Y . ..• . . , ~
4 4-502 ~.ocation. ... '
+~ ix ~:`;fP•°Gf,Y . ~ '(` :J: ' . ~. !>'~ T~. . . . 1i'„ _. _ ' , . .. ~ a
5
;f~ i)4" rlt~;i.. ,' '' . , •.1!1,.;~;~.'' ..'' .•' '::~ " , . , :`<_ , .. . . , a.
6 ~~(a) Handwashing facili6es shall be located in or immediately adjacent W toilet rooms,
„ ! . ,. • ,. . ,. , :,; , •
7 ` diaper chasiging areas, aad food r...r~..~tion areas es well as any othcr area where
8 activities require frcquent handwashing. In ali new or extensively remodeled centers
9 . providing care to iufants, toddlers or pres~hoolers, ~ handwashing sink shall bc
E ,, '
allff:t ~.a':x~ &. i. , ~ ~'.:~i. *~ ' . ".[. . •~ ~. - .
10 ., accessible without bairiers allowing the caregiver to visually supervise the group of
,
11 children during handwashing activities. In all new or extensively remodeled child
~2 care ccnters, children's handwashing sinks shalt be at an apprnpriate height for the ~
13 -~ children ip the center. . •
14
15 (b) Bathtubs ot showers, when used, shall be located withia the facility or within an
, . .. ~~F,:,? , .. . . • ' . ' ,
16 , approved building. . , . •
:•r; .' ~;~::rr; , • .
17 , .
18
19 4-503 Water e nerature.
20
21 (a) Each handwashing sink shali be provided with hot ead cold water through a mix'sng
z
u valve or ~ombination faucet. Hot watcr at sinks accessible to children shail not
• 14 . . ~ ;
fi.-: >t~-,H'r~ t~. r . . ~ . ' - . .. ' . , M,1~8'yF"
+C
~~'~, ' . . S~~ X
h~
~
~
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1 exceed a tempcrature
of 110°F. • •
L
° •~ '
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'
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,,
' ,
~
.,: ~
~ 2 p (b) .~ 'Hot water
delivered to bgthing Cacili4ies shall be et least 90°F And shall not exceed ~
i3S~{.y: , -f '' . ' ' ~ ~ .. .. ... . . . , . ~ . , . . .
3 110°F. . . .
. ,... ~
4 ~ ,
~
5 4-504 Suno(ies. Single setvice hand towels from a wall-hung dispenser and soap shall be >
:,;,:. • .,,. .:. .. . . , , -
6 provided at each handwashing sink at a height accessible by chiidren in th6 antet. M~chanica( a .
7 air drying devices may be used in lieu of towels. The use of common towels .is prohibited. s
g
~~........ . . . .... , ;. ,-. ~ •
9 ~ 4-SUS ~inishes. Bathing facility walis and cei[ings shall be constructed of easily cleanable,
~ f~ ~
, . ~..... z ~
~
10 nonabsorbent matcriais. Floors shall have an impervioe~s surface. Floor wall junctures shal! be ;~j
1 I tightly coved with approved concave coving. t r
12 • ' • '
-
~
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t.
j .
~ ~
..
,
`
. . CUSTODIAL AREAS
~ • -
14
. 15 4-601 ~,aundrv. . -
16 . (a) Laund .ry facilities, when provided, shal! be installed using the "1991 Colorado
17 Plumbing Code" (1991 UPC) as a guideline; and sha(! be well maintained in a clean
18 • condition and be inaccessible to chiidron: .
19
2~ (b) In al( new or extensively remodcied facilities where tauttdry facilsties are provided,
21 properly vented ges or electric dryers shall be installed.
22
. 15 .
F ~ :. _ . , . 3'~ ,.r ' ~ ~' :.4:~.~ ~ "{~~.'~.. ,~,~ *''S~"~';;:" ' '::':
~ i ~. '~ ~ , ~ ~ '~ , ~, i~4 .~. `, ~ F :'
. ~53~ 4 a. ~. , . , .
~''~~ ~ ~y• ?YYtIl9.}~m"• 'qt•W ~F+a'~j5'n.r ' 1
1 (c) Soiled linens shall be stored in aonabsorbent or washabio laundry bags until
• Z K'3~~'~~' ~~~.'i;,~ICAlOVCQrfar l~undeiing~shall ~be~stored ~'separate &om cIean linens%nd clothin ~- ~~~~
g, and
r
3 shall be iaaceessible to chitdren. ~ `
4 . . ~
5:`~ t'::r r~a~, ~': I.~4ndry facilities sball bt separated from food'pieparatioa, food storage, and ;
6 ':at:' 'testtaom , • . , , ~.~; . , ' , ~ :1
.. . ~Fas• .
• . y,.:
~ ":, ~ . . • „ ,` . , .. ,
`t ~. . .. .
8 (e) Thc water temperatura for the laundry sha11 be m,aintainal above 140°F uniess an
,fi[r,:::.r,e;'J ~3 ~, . . . ~.. ~ . , ,:,r,,,,.., .. ,,.~ ~..p.. , ~ „ •.-, .. , ^ .
9 `~' ". approv~d c(isinfectant is applied in tht riase cycle oi the dryer uses heat above '`
. , •.
10 :_; ,.; :_;':'~`,'"140°F as specif~ by the manufacturer. , .
,..
l l ~?, . , , ,
!2 (~ Soiled linen aad clothing contaminated with blood, vomit, urine, or stool shall be ~
~3 • scored and laundered separately. ` •' • ~
i4
IS 4-602 to . •- - --
16 ., , . •
17 (a) "+" Adequato storage space shall be provided and a~sintaiACd in a clean and sanitary
~ g manner. . .
19 ~ .
~~ (b) Gesaing materiais, bleaches, detergents, medications, and other toxic chemicals
'-t ~shal! be properly latufed, and 'enaccessible to childrea ~~
y .
~ . .
~ • 16 ~
~~};~.:. .
t~'~ ` 'ql`~ .,
1 (c) Clcan linens anJ clothing shal! t~e storcd in a cican ria~ ~~a rf~~c~c~~i r~~~~~
;.;r~~ :4z:3'r~F~~f'~ ~ ~ ..
'
~ contamination unGt used.
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• I CIiAPTER FIVE ~ , ~
::~ 'i°~c~° r.ailn^.;rir^Trrri~ ~_ `;
2 ~NTERIOR DESIGN ~
~.
3
4 ~
5-301
' ¢,..
5 5-101 Individual stornve, Separate identified storage areas shall be provided foi each
6 child's and staff inembcr's pcrsonal et£ects nnd clothing. Individua( cubicles, lockcrs, or coat
7 hooks shall be provided for storage of coats, hats, etc.
8
9 ~LAX EOU[PMENT
IU 5-201 ~oy,s.. Toys and art supplies shall be made of safe, non-toxic, durable materia(s,
11 and stiall meet the requirements of regulations adopted pursuant to Title 25-5-508 C.R.S.
• .12 .
13 -
14
I5
IG
17
~'TRSONAL I3GLONGINGS
NAPPING AREA AND EOUIPMF..NT
~ianoinn suonlics. All napping supplies such as cots, beds, cribs, floor mats, or
linens shall be maentained in s sanitary manner.
18 (a) Mattresses, mats, or pads shall be wvered with .impervious easily cteanable
19 materials. Cots shall be constructed of easily cleanable materials.
20
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Individual cribs, sieeping mats, wts or linens shail be issued to each child and ;; ':~:;...
. ,;~:~'~.ea~aqv~
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marked with idendfying tnformation.. ~ ' `: ;; :,:
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(c) Each crib, mat,~ or cot shall bc thoroaghly cleaned and sanitiud prior to use by
.s ~~~:~ ?i~ 1~ ;iu3:.< r:~::z:;~~~i P
another child,
6
7 (d) Sleeping linens, tnats, or cots shall be thoroughly cleaned and sanitized whenever
8 soiled. S[eeping maes shatl be stored so that there is no contact with the sleeping
9 surface of another tnat.
l0
I1 ~ ~ ~tEST(NG AREA
12 •
~ 3 5-401 • ~rovision. Each facility shalt include a testing erea designated for the cate of any
14 ill or injured child awaiting the nrrival of a pazent or gnazdian.
IS
16 (a) Such an area shall be adequately ventilated and heated.
17
18 (b) The resting area shall be equipped with a bed or wt which meets the requirements
19 of SxGon 5-301 of these Rules and RegulaGons.
20 ~
21 Y (c) The resting area shall be located within close proximity to toilet and lavatory
22 faciliGes, and whete health and sanitation measures can be cazried out without
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involved in both chiid care and food preperation~shall wear a clean smock wheneverthey are
involvcd wil6 food preparation.
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6-206 Personal articles. .,:.; ;
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(a) A supply of clean etuldren's clothing shaIl be available for chaaging wet or soiled
clothing.
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(b) Personal hygiene aeticles, svch as combs, toothbrushes and wash cloths, etc., sha(1
bc individaalty identified and stored in a sanitary manner so they do not come into
contaet with onc another, and shall not be shared between children.
6-207 press-uo ctothing. Dress-up clolhing, wigs and hats shall be washable and sfialt be
maintained in a clean condition.
6-208 , ~lav tab[es. Water tables, sand tables, and other play tables shall be mais-tsinsd in
a clean and.saaitary manner. . .
6-209 ,Sanidzation of tovs. Toys that are piaced in chitdren's mouths or are otherwise
contaminated by body seccetions or exeretions s6ai1 be cleaned end sanitized prior to use by
another child. All toys shall be maintained in a clean and sanitmry condiGon.
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1, svs °t~rtt ~s:.~..~,;w ~p r~ds a 7~e~rr- ~vtED1CATIONS' ,a~;'. ` -, ~; • `'~'i~~ t~3~_i ni '•.;~~~~ifl~rrsi:. . 4
:~,i:i~'Ca ~'Si'i?~i i.~:'W ~r~YiO~%:':i a
.2 -- ' '.' ~
3 6-301 Storaae. Medicafion shall be inaccessible io children and shall be stored in the ~
4 origu~al container iu a controlled erea separated from food, eleaning compounds and other toxic ?
~ 5 substances. If refrigcration is required, the medication shatl be stored:'.'~~'=~'=~ `'"•`~~'Q ~
6 . 3
~ ,,; ,-, ,_~a~ ,., ,in a sepazate nfrigerator a~sintained for that purpose only,'or .?~ ~~. .
,
8 ~~ i.,..;,•, b
9 (b) ia sn impervious secondary containcr in a designated area of a food storage `A
f 0 i; tn . h~ refrigerator separated &om food and inaccessible w children ~.., ~. "~ ''
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CHAPTER SEVEi~i
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FOOb SERViCE
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7-1bT Sanitarv rcauirements. Child care cenfers serving meais shall meet the requirements
. ~ i:;: . i'' ~C..~~~ ,:;'{ ~ , ,p' -
of the "1990 Rules and Regulations Governing the Sanitation of Food Service Establishments in
~ .
the State of Coloredo" with ihe following eacceptions: • •~
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,, •
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~(a) The number of toilet faciiities sha!! mxt tho requirements of the Colorado
, .. *
D..ra.....ent of Social Services "Minimum Rules and Regulations for Child Care ~
Centers"; • •
~ _. ~;i. , • .
, ~. ;,,
(b} Commarciai ventiiation systems shall be nquired oniy when grease cooking is done
- routinety; '
- , '3
(c) Children may use the same room for tating aad napping; ~
(d) Domestic food equipment is permiKed, providing it is approved by the Depaztment
and mainteined in good repsir. . •~
(e) Domestic dishwashing machines are approved if:
~
(1) The water temperature in dishwashing machines equipped with n heat sanitizing
• , 25
'~;'•~,:?:I~ ~ :.. `:~ €~;~1
cycle reaches a minimum of 150°F;
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3 (2) ~The water temperature ia dishwashing machines without a sanitizing cycle
~teaecr~as,s;r• ~: ec,. ;; .. ~ :~: ,,. .., , _. . ,. _., . .:.!;._. .. ... __ ... ~~ a
4 ~ reaches a minimum of 155°F;
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5
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6 (3) Dish volume is such that ali dishes end utensils can be washed and sanitized ~
7 by tuing not morc thau two compiete cycles of the dishwashing machine for each
C~i3F,:.,.,.. 9: ;:f " ,. " , . . . ~ . . . ~ ~ „ , . ' . ~ , ' , .
8 of the following: brcakfast, lunbh, dinner, end soacks. •.
.'~.~.' i;i. °': r~... . ., _ , ' . _
9 ~ . . '
10 (~ Where domestic equipment is permitted and used, domes6c equipment installation
~
ll methods shall be acceptable provided the equipment and su:rounding erea arc
~ =1idi.!.] dP ;y`Y: . . . . , , . . . . , . . .
maineained in a cleaa sanitary condition. ~;
t3 -
l4 (g) Ia child care centcrs serving snacks containing only non-potenGally ha7ardous foods .
15 ~ from approved sources and sesved in single-service containers, t6e following shall ,,,,
16 apply:
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.i e
17 .
18 (I) All foods and singlo-service articles are protected during hansportation, srorage,
i9 prepazation and service; .
20 . .. .
21 (2) Good hygienic prac6ces are employed;
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(3) Fruits and vegetables are thoroughly washed during prepazaGon in a clean and
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sanitized kitchen sink; ('The use of a handwashing sink for this purpose is not
w '
approvcd.) ~ ~
?~~ . _, .. •
, ~,
(4) Uteasils used in food preparation are cleaned and sanitized in a manner ~ e
approved by the Depactment, and properly stoted after each use ('fhe usc of any s
. c:
handwashing sink for this purpose is not approved.); and
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(S) Single-service items are nof reused and nre diSposed of piopedy.
,,~:..,
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~(h) Child care facitities where individual meats and/ot snaeks art fumished by ihe
., ti
parents shall be restricted to their own c6ifd and labeled with tlte chi~d's name. _
• Adequate tefrigcration at 45°F or below shall be provided for safe storage of ail
I4 ~ • potentially hazerdous foods including infant fotmulas. •~ '~
13 . ..... , . .. ..
16... .. -. .7-102 :.. ~-~ ~rohibited foods. Service of honey to infants shalt be profiibited.
17
I8 7-103 ~rohibited activities. StafT shali not be invotved in the care of children and food
19 preparation concurrentiy. Nothing in this secGon shall prohibit cooking ttachiag projects if good
20 hygienic practices are observed. • .... ~
21
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• 1 CHAPTER E1GHT
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2 ~TIFAM' AAID TODDLER NLJRSERIES
.:~~: , R~>,~~s
3 ~OUiPMENT REOUIREMENTS
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j'ERSOA[AL TTEMS ,
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8 8-101 ~ li s. Adequate sapplies of diapers, clean clothing aad linens shalt bc avaitable
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9 for the noeds of ~ach infanE end toddler.
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11 8-~02 $tora¢e•' Adequate seorago space shatl be provided for the personal itcros of each
h t,,,{;,c, q'+. ,ta,.~. . ..
~2 in~aat and toddter. . , 1 ,
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14 8-103 Wipin¢ Ic oths. Each infant and toddler shall be provided with two individual wash
15 cloths azsd one towel or an adequate supply of soft, non-irritating disposable Wwels .
, 16 ~ . . -
17 INFANT CARE .
l8 :"'' :~, . ...., .. ., .. . ' _: {
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19 8-201 `~ .'S'toihi,~Q. Clothing wom by staff inembers to and from work shall be covered or
20 replaced by~ clean non-irritaGng washable smocks or similar clothing. ~
21
22 8-202 et Pets are prohibited in infent iuuserics.
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_ ' ' . . . , , ' ~ ~ ~ . .. wni44_ r. , . _ .. ~ ' . .
. 1 ilYAili.~'1~[3~ , ' , ' ' ,i,
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~ 2 INFANT FEEDING
3
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4 8-3b1 Hveienic »ractices.
5 ° „ ~
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6 (a) , Staff inembers shall wash their hands aniS teplace'~4heii''''sinocks"~ivhen sriiocks.
;
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7 become soiled.
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(b) .
Staff inembers involved in handting Wants and changing diapers shall be prohibited
10 from preparing meals and snacks for children not in their group.
I 1 ;:. ,.. r , . .. . .. . . . .
12 8-302
a.
.- Food storage. . - ' • ~ . ~: w ~. . "r•`,
~3 _ ,. , . ~ .
14 (a) Infant food shall be stored in original, labeled, covered cantainers and be separated
15 from other food stufl's.
16 .. . . • ~,• ,
C~
17 (b) .. Infant formula in bottles and opened moist baby foods sha11 be (abe4ed with the
i8 ' . infanYs natne, stored at 45°F or below, dated and discarded at the end of the day.
19 This shall not apply to froun brbast miik. ~'* ' "
20 , ~ . . _ • • .
21 (c) ' No more than one infant shall be fed from the same container of food or with the
22 same utensil.
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DIAPERING
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8-401 Chaneing. Wet or soiled diapers and clothing shall be changed promptly. ~:
. ~
~ .~;~~1r.~',zS?..>:,,..,.;~;~.~3 (;1':-3 A'. .
8-402 Chanoan~~tation. A permenent diaper changing statioa shal( be provided and r'
locsted se~arated from aay food preparaGon, awrage ar serYing area, and shali include: •
>.: ; ,,: ., ,
. ~
~
8 (a) A changing tabte of sturdy construcGon with a smooth, durable, nonabsorbent and
9 ; , ,casity cteanable surface. x:- , . ~,,~ , _ ; )
. _...,..: . . •; • .
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(b) A handwashing sink located adjaccnt to the changing table and equ'spped with hoi ''~
and cold running water delivued under pressure through a mixing faucet. Soap and
• sin !e service toweis from a walt hun dis ~
8 g penser or a mechanical drying device
. shall bc located at each handwashing area. _: ,., ~ , i
(c) A solution of 1/4 cup of cWarine bleach per galion of water or a soluGon containing
.apy other chemica( senitizing agent registered yvith 1he U. S. Environmental
ProtecGon Agency as a disinfectaAt that will provide We equivalent bactericidal and
,: .
~ viricida! ef~bct of a salution of 1/4 cup of hypochlorito per gallon of water. This
soludon must be in a labeled contaiaer located completcly out'of the rcach of
children. .
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1 (d)
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4 8-4b3
5 changed:
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A washable, coversd container lined with a plastic bag.locatzd adjacent to the ;;"~~ _,,
a.. ....::.,:~ ,.
changing table and inaccessible to children, ~: , S
p• . .,{ . .
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procedures. The following procedure shall be conducted each time a diaper is p,
6 ' , ,..
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7 (a) ' The child shall be placed on a clean, sanitized, dry changing table.
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(b) Thrchild shall be cleaned on the body wherever hecessary. .,
t. ~ ... .
(c) Soiled diapers and clothing shat( be replaced with clean diapcrs and clothing.
(d) Soiled clothes shatl bc placed in a plastic bag for parents to take home. Soiled
diapers shaIl be pdaced in a covered,impervions plastic iined teceptacie. ~
(e) An infant's hands shall be washed using soap and warm water and dried with
disposable towels. A toddier's hands shall bc washcd using soap and warm running
water and dried with disposable towets. -
(~ The child thcn may be ._~,~...~d to a clean crib or W play.
(g) The staff member shall then clean end sanitiDe the foltowing:
t~
• 31
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2 (2) The equipment or supplies touchut duting diapering; and
E
3 (3) Thc soiled crib or cot.
4 `'i+4F,"!'~. g ~ r'_Ti;3 ~'~,~r.~ , , ., 3ti . . ~~3~y';ft~l:.~{?e•t Y3,fa:, ':i~.}S ..~~~A .G'3~.s,'i1.J~. G~5'-U `f~
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, . ,vv~ini'~'.:! F .
5 (h) 1'he stat~' member shatl then thoroughly wash his/her hands with soap and warm
d
6 running wator and dry lus/her hands with sauitary disposable toweis or a mechanica!
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7 drying devicc. . •
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9 8-404 Cloth diaaers. If cloth diaperS are used, a toilet shall be easily accessible for the
r' ~
10 cemoval of waste contents before placing the diapers in ihc wastc receptacle. Cloth diapers or
,,:; . , ; ~ f i "
11 clothing shall not be rinsed. Cloth diapers shall be cteaned ia accordance with practices approved
~12 by the Depactment. • ., , ., r 4~;
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4~~ '~ 9-141 ~Tumber, For e classroom of 25 children, not more than thra adu(t caged animats,
S under five pounds each, or one larget animal which has beCtt immuniuyyd. in accordance~~w~'t~
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6 lrccommended vetennary' practices may be provided by ths oenter as pets. .Nothing in this
9 provision shall prohibit the propcrty located, stabied and coaallal Iivestock such as horses at a
8 summer camp or fish ia bowls or aquariums. '
9 . .
10 9-102 Prohibited animats. Psittacine birds, turtles or any other animai which may pose a
{ t ha7ard to the health of the childron shall be prohibited in the child care center. Wild, dangerous
t2 or potentially aggressive animals or fish shalt be prohibited. '
~ • ' .
l4 9-ID3 Cleaning.
l5 ' (a) The cages of each enimal shall be easily cleanable and cieaned as needed.
16 (b) Al! animal wastes on outdoor play areas sha11 be pcomptly nmoved and placed in
17
18
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9 shall be implemented only aftei other, loss toxic means have been used for control. „
40 Thesc compounds ahal! be used accordiag ta labeled instructions. ~ ~
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t2 °'; '~'"(Ei)' '' All food, food utensils, and equipment, bedding, toy~,~ ~leeping tuats and othet -
• equipment, materials nnd items ihat will wme into contaet with food or children
~~ .
l4 must be complet~ty protccted during the tjme pesticide apQlicstion is being
t5 '`.= .'-- -' conducted. Pesticides shalt be applied otily in such n mazuibr aS to~prevent skin
,. ~ . ,
l6 "".`! '? r contact and other ~..r,..,.irt to children br stdf~ Applicntion shalt tiot be conducted
t7 .. •+{.~ whtn children are r.~,~..t ' ~
18
l9 (c) ' Oniy approved insecticides, rodcaticides, and berbicides can be uaed. Applicatioa t
?0 ~"~must strictly follow afl labe) instruetions and must bc authorized by the director.
? 1 y;. , Rodenticides she11 be dispensed in 1:..«~r .. proof boxes, must have a distinctive color ,
'.2 so as not to be misteken for food, ead sha!! be in cake or pellet form. '
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6 10-201 presence. Ttsere ahalt be pcesent in child care estabIishments oaly thost.poisonous ~~:_:.~a:
7 ot toxic materiats necessary for general maintcnance of the bwlding,,,grounds, end.equipment.
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10-202 Containers. Containsn of poisoAoys or toxic materiats ahall bo prominenily and
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10-203t~ y Storaae. Poi{onaus o; Wxic rostcrials spal! noi be atored or used in a way that cnuld ~
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contaminate food; food utensil,c pnd equipcnent, bcdding, aleepiag mats; toys aad othcr eqiupmeat, :9 s :i
l6 jnaterials aa~ ite~ .tha~ wiU come inW coata~t with food oi chitdren. •. Toxic materials shall be ,`.'°"
1? ctored in compliance with Scetioa 4-602 of these Rules anci Regulatians: .~ .~~.`
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10-204 ~' ` Jj~. Sanitizers, oleaning c..~..~.. ~nds ot othu compaunds inunded for use on food
20 cautaat sucfaces ~nd body ~outact surfaces shall aot be ltsed in a way that teaves a taxic tesidue
21 on such surfaces. , . ~ , . . . ~
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~~ 2, N examined for the presence of asbestos by a State certified asbestas inspector. If asbesfos is found, ,~
3 it shall be managed in accordance with the "1993 Colotado Air Quatity Control Commission ~'
4 Regulaliott Number 8 Part 8." ~ ~
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6 r` 10-206 Ursa-formaldehv~le foam insulatioe. The use of nrea formaldehyde foam insutation ,~,
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( l2 10-30I General, Art and science matecials must be nontoxic, safe az-d ~sed in a way so as
• 13 not to constitute a hazard to the childron or staf~:
14
IS 10-302 ~rohibited chemicals. The use of con„_ti;.~..td or strong acids.and bases;
16 carcinogenic matetials; toxic organic solvents; materials that produce#oxic dusts, plasters, gtaus
17 and dyes; nerosol spray paint cans end air brushes shsli be prohibited. Nontoxic, water-based
38 materiais should be used. .
19 . .
20 10-3Q3 Storage. All art and s~icnce materials must be stored in original containers, out of
21 tho reach of children. Art matcrials sha[I not be tran..f~..,.d into food 'or drink containers. All
,
22 art and science materials, unless easily idenGfiable, must be ciearly label~. ~
t'~ 37
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s av~itable for refueace {rom 14e Dircctor, Consumq Pratec~ioa Drviswn, OoW~ado popu~p~pt of Healct~, 4300 Cheay
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.. 9 A cnpy oC anY ~tforoace mle, ~ode, or stsndud that lus been inurponted in theu m[es and reeula~ions is avaitable for S.
(0 refqeace at Ihe Coacu~oer Protection Divlstoa, Colaado Depuyteat of Haltb, 4300 Chaty Cteek Drive Sou4~, Denvu~ ~
~ 1 Cotowdo lU222-1530. Tdis ce&Kaa dou, not lgclude,lue~ ~mnwdmena kt,o~ ediUons of tIu,^~,~,,~r
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1 9-104 ~hild nartici~ation. Chiidren may participate in the Care of tame animals; however,
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CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE. COLORADO
Februarv 28. 1994
The City Council Meeting was called to order by Nayor~ Wilde at 7:30 p.m.
Councilmembers present: Rae Jean Behm, Don Eafanti, Vance Edwards, Jean
Fields, Dennis Ha1Z, Ken Siler, Tony Solano, and Claudia Worth. Also
pr~esent: City Cle~^k, Wanda Sang; City Administrator, Robert Middaugh;
City Attorney, Kathryn Schroeder; City Treasurer~, Jim Malone; Direetor
of Planning, Glen GiBley; Chief of Police, Jack Hurst; Director of
Parks, Gary WardZe; Director of Pu61ic Wor~ks, Bob Goebel; staff; and
interestad citizens.
APPROVAL OF MINUTES of February 14, 199~+
Motion by Mr~. Eafanti for the approval of the Minutes of rebrvary 14,
199~; seconded by Mr. Siler; carried $-0.
PROCLAMATIONS AND CEREMONIES
Mayor hilde announced that the Proelamation for "Sons of italy° was
delivered to them yestel~day.
CITIZENS' RIGHTS TO SPEAK
Peter Hombur~er, 8991 ld• 38th Avenue, was sworn in by the Mayor; he
spoke in favor of undergrounding ^tilities on W. 38th Avenue between
Cody and Kipling and to leave the width at 36 feet.
Thomas SZattery, 6869 W. 32nd Avenue, was sworn in by the t~[ayor; he
represents Wheat Ridge United Neighborhoods, an~ read their i.etter into
the recor~, which requests Council to repeal Sections 4 and 5 of
Ordinance 945, because they question the legality of sai~ Sections since
they feel it was done without benefit of public knowledge and input.
PUBLIC HEARINGS AND ORDINAMCES ON SECOND READING
Item 1. Council Bi11 39 --An Ordinance provi~ing for~ the approval of a
SpeciaZ Use Permit to allow a Day Care Center/Kindergarten in a
Residential-Two Zone District on land located at 3~16 and 3536
Jay Street, City of Wheat Ridge, County of Jefferson, State of
Colorado.
(Case [do. SUP-94-1) (Nina Forgo and Rose Foster)
Council Bill 39 was introduced by Mr. Siler on second reading; title
read by the Cla~^k; Ordinance No. 953 assigned.
Mt^. Gidley gave t'~e staff report for both pat^cals and answered
questions.
CITY COUNCIL MINUTES: February 28, 1994
Page -2-
Motion by Mr. E~wards that this Item be heard in two portions as to
presentation, publie testimony and motions; seconded by Mrs. Worth;
failed 3-5 with Councilmembe~s Worth, Fields, and E~wards voting yes.
Nina For~o, 890 S. St. Paul Street, Denver, applicant, was sworn in by
the hiayor. She explained that she wanted to combine the two parcels,
get rid of the non-conforming use permit and get out of the grandfather
elause that wou13 ~aquire application in the ysar 2000; that is why she
applied for the Special Use Pe~mit for 353b Jay Street. 3536 Jay Street
wi11 continue in operation as it has since 1957; they have been licensed
for a varying number of child~en-- between 55 and 65; there is need in
the area for licensed childcare. They have former students` children
enrolled now an~ are caring for a second gene~ation of ehildren.
Parents are intereste~ in having their infants carad for in the same
facility that is caring for thei~ pre-sehoolers; this would not impaet
traffic. S~e feels the traffic count would be less than presented.
Childcare serves the community and should be in a resiflential area.
Noise is i~suaZly only created du~ing warm weather; outside playtime is
limited.
Speaking in favor of Council Bill 39 and sworn in by the f~ayo~ we~e:
Yatalie Hook, 34~1 Harlan Street, Kate Kyanne, 3559 Ingalls Street,
Dennis Blish, 6120 W. 35th Place, Hu~h Foster, 3441 Fsnton Street, Katie
Field, 7790 W. ~1st Avenue, Mary McAvoy, 4515 Quay Street, Patrick
Bruce, 2620 Newland Street, Miehelle Glements, 7245 W. 13th Avenue,
Martv Chipos, 3247 Jay Street, Anna Rilev, ~360 Depew Street, Lee
MeKibbit, 3329 Swadley.
Their comments included: llaycare fo~ infants and to3~lers is ext~emely
important, but hard to find; Wheat Ridge needs these services to entice
younger families to move here; quality of care at this Daycare is
excellent; don't make people transport chiZ3ren to two different ~laces;
noise isn't that bad and most people are at work anyway; noise is a
good, fun noise anyway--children playing and laughing; don't take the
grass away and turn it into parking area; children belong in
residential, not in commereial areas; traffic is not much of an issue,
peopZe are very ~areful,
Speaking in opposition and sworn in by the P9ayor were:
Nick Faes, 5025 Stuart, Geraldine Faes, 6205.W. 35th Avenue, Norma Faes,
6215 W, 35th Avenue, Susan Seeds, 6147 W. 35th Avenue, John Faes, 6205
W. 35th Avenue, Randy Fla~eolee, 6130 W. 35th Avenue, Ken Lamkin, 6147
W. 35th Avenue, Dorothy Thompson, 3014 Chase Street, Lar~v Merkl, 7175
W. 3~th PZace, Ron Selstad, 2890 Lamar Street, Jim Du~Ran, 6138 W. 35th
Avenue, Shirley Hei~hton. 6160 W. 35th Avenue, Jim Faes, 6215 W. 35th
Avenue.
Their comments ineluded:
Concerns abo~t a3equate parking; air, water, and noise pollution;
increased traffie; int~usion of a business in the residential
neighborhood; decrease in quality of life; not against ~aycare,
CITY COUNCIL MINUTES: February 28, 1994 Page -3-
only against expansion of the Center; Mayor Wilde has an interest in tha
Daycare sinee his wife works there; he should not be allowed to vote on
this; petitions have been passed a~ound the neighborhood objecting to an
increase in the size of the Center; Counci2 woul@ set a negative
precedent if this Special Use Permit would be issued; property values in
the neighborhood will decrease; how would you like to have 80 children
in yovr bloek; this should be a rezoning case not a Special Use Permit.
~pplieant, Nina Fo~go, was given an opportunity for rebuttal and
answered Council's questions.
City Attorney, Kathryn Schroe.dar, addressed some of the issues that had
been raised by proponents and opponents. As to the issue of the enact-
ment of Ordinance 945, the Wheat Ri3ge Charter was followed, there were
remedies available to citizens after passage of the Ordinance. In her
opinion, this zs not a rezoning procedura, this is an application fo~ a
Special Use Permit and not subject to a legal p~otest. Counefl has to
look at the wording of the Ordinance, not the intent.
Motion by.Mr. SiZe~ that Council Bill 39, (Ordinance 953) with specific
~agard to 3536 Jay 5treet, to allow a day care/kindergarten in an R-2
zone district be approved for the following reasons and with the
conditions stated: i. The erite~ia ~sed to evaluate a SpeciaZ Use
Pe~mit proposal support approval. 2. This use has existed at this
location for 37 years without undue confliet and camplaints. 3. The
Permit shall be issued to Nina Fo~go only, as owne~ and operator. 4.
The Pe~mit is Zimited to day care for up to 57 preschool and kindergar-
ten chz23ren (ages 2 1/2 to 6 years old) at any given time. 5. Use of
the property sha1Z be in aecordance with Exhibit D. 6. Exhibit D shall
be revised to show asphalt pu11-off a~ong the north side of the
structure (West 35th Place) and such paving shall oceur within 90 days
of effective date of this Permit; seconded by Mr. Eafanti.
Mayor Wilde stated that his wife has wo~ked at this school for 23 years;
she teaehes kindargarten; she has no financial investment in it and
whether this is passed or not, she will still be working at that school
at the same rate of pay ~anti~ such tiroe as Ms. Fo~go wants to give her
an increase. She is probably within 1 yea~ of retirament. Fle feels he
should be allowed to vote on this, but asked the City Attarney for
input. Kathryn Schroeder stated that in her opinion his wife's salary,
which is not going to be dependent upon the outcome of this case,
is not a sufficient financial investment in the property o~ the change
to cause him to be disqualified from voting. Howevar, he is welcome to
submit his ability to vote to City Counc.il. Mayor Wilde 2eft it in
Council's hands. ~onsensus was b-2 to let Mayor Wi1de vote.
Motzon by Mr. Edwards for an amendment to add condition 7. That aZl
non-conforming parking at 3536 Jay Street be brought into compliance;
seconded by Mrs, rie2d; faile~ 2-b with Mr. E~~wards and Mrs, Fields
voting yes.
Tony Soiano stated fo~ the record that he did have a child at the school
at one time.
CITY CQUNCIL MINUTES: Feb~uary 28, 199~ Page -u-
Mrs. Worth apologized to the citizens and he~ fe2low Councilmembers that
the Day Care Centers were put in the same Or3inanee as Pawn Shops; she
will however vote fo~ this Special Use Pe~mit.
Mr. Edwards agreed with Mrs. Worth that it was unfortunate that Day Care
Cente~s were in the Ordinance with Pawn Shops. He will not support
this.
Original Motion carried 7-1 with hlr. Edwards voting no.
Motion by Mr. Siler that CounciZ Bill 39, COrdinance 953) with specific
regard to 3516 Jay Street, a request for a ehild care center/nursery in
an R-2 zone distriet be approved for the following reasons and with
conditions stated: 1. The criteria used to evaluate a Special Use
Permit proposal support app~oval. 2. it is determined that the
benefits to the community outweigh the potential minor impacts to the
neighborhood. 3. The Special Use Permit be granted ta the Wheat Ridge
Preschool and Kindergarten at 351b Jay Street under the ownership and
ope~ation of Nina Forgo. 4. The SpeciaZ Use Perroit be limited to a day
care center for up to 23 full-time infants and toddlers (ages six weeks
to 30months). 5. The use of the property be in conformance with
Exhibit E. 6. That visibility at the intersection of Jay Straet and
West 35th Avenue be improved, as per Publie Works Department request.
7. That curb, gutter and sidewalk shall be required to be construeted
along Jay Street with the ehange of use. 8. That a landscape buffer
that does not violate sight distance triangle standards yet provides a
9ense buffer, be placed between the parking area and Jay Street. This
could include trees, shrubs and possible be~ming; seconded by Mr.
Eafanti.
Mrs. Worth will vote no; sha thinks the concept of having infant care
and preschool care elose together is an axcellent coneept, but she feels
it is an impact into this neighborhood.
M~. Edwards wi11 vote no; he believes if this we~e g~anted it would have
a detrimental effect on the health, safety, welfare, and convenience of
the persons resi~ing and working in the neighborhoo3; it will adversely
effect the air, create noise, traffic hazards, unsafe parking.
Mrs. Fields is a great believer in the petition process; she does not
like to have petitions coming to Council and being ignored; listen to
the people who live and are being di~ectly impacted,
~r. Solano has agonized over this decision; they have just t~ied to find
baby-care and it is difficult to find. He feels this will adversely
affect the neighborhood.
Motion failed 4-4 with CounciZmembers Ha12, Eafanti, Siler, and Behm
voting yes. Mayor Wilde b~oke the tie by voting yes. Motion carried
5-~.
PLAUT ^ LIPSTEIN ~ MORTIMER ^ PC
A T T O F N E V 5
March 9, 1994
Dan Wilde, Mayor
Vance Edwards, Councilmember
Ken Siler, Councilmember
Donald R. Eafanti, Councilmember
Dennis Hall, Councilmember
7500 West 29th.Avenue
Wheat Ridge, CO 80215
~=i':{~;~;~ ~ ~'~; ;~
' ~, ~ ~
Jean D. Fields, Councilmember
Tony Solano, Councilmember
Rae Jean Behm, Councilmember
Claudia Worth, Councilmember
Councit: -
Jist;!but°d to; ~;
RE: Request for Reconsideration ,,. ~ ~? i'°-~ i MayOC.
Case No. SUP-94-1 , i~,;;~e; k ~ City Adm:
' ,~,+,~ Treas: ~~~ A~' ; ,
Dear Mayor Wilde and Councilmembers: ~: , ~~:- ~~~.r,~;.,_..~ Dept Heads:
This firrrt has been retained by the following citizens of Wheat Ridge:
John and Geraldine Faes, 6205 W. 35th Avenue, Wheat Ridge
James and Norma Faes, 6215 W. 35th Avenue, Wheat Ridge
Susan Seeds and Kenneth Lamkin, 6147 W. 35th Avenue, Wheat Ridge
Norm and lhyree Burkepile, 6285 W. 35th Avenue, Wheat Ridge
Jerome and Rae Ann Flageolle, 6130 W. 35th Avenue, Wheat Ridge
Paul and Einor Lohne, 6154 W. 35th Avenue, Wheat Ridge
Jim Duggan, 6138 W. 35th Avenue, Wheat Ridge
We are writing on behalf of these citizens to request that you reconsider your actions of
February 28, 1994, in Case No. SUP-94-1. Reconsideration of your action is warranted for
the following reasons:
1. The Council failed to consider the effect of a legal protest ~led pursuant to Section
5.10 of the City Charter. The granting of the special use permit with respect to 3516 Jay
Street clearly had the effect of supplementing the regulations and restrictions of the R-2
zoning district within t}ie City of Wheat Ridge. The legal protest was therefore effective, and
a favorable vote of three-fourths oF the Council was required. Nothing in Section 5.10 of the
Charter suggests that a supplement or change in restrictions must affect an entire zoning
district to be subject to the legal protest.
12600 West Colfax Avenue, Suite C-40D Lakewood, Colorado 8027 5
Phone (303) 232-5751 Pax (303) 232-5161
Dan Wilde, Mayor
March 9, 1994
Page 2
2. The relationship of a member of the family of Mayor Wilde to the agplicant was not
given proper consideration. The employment of the mayor's wife by the applicant represents
a substantial interest in the outcome of the case. Basic concepts of fairness which are
embodied in the Constitutions of the United States and of Colorado require that those
involved in quasiyudicial proceedings be free of conflicts of interest and avoid the
appearance of impropriety. The mayor should not have voted on this case.
3. The Council did not give proper consideration to the many factors which compel the
conclusion that a daycare/kindergarten/preschool with approximately 80 students is an
inappropriate use of the properties in question. As the staff report noted, the use in question
was nonconforming at 3536 Jay Street. The additional use at 3516 1ay Street will
dramatically increase the number of children being cared for. Prior to the amendment of the
special use permit ordinance last year, this use woufd have required commercia] zoning. As
the staff report notes, traffic and parking have been significant problems with the existing
use, and these problems will only worsen with the increase in the number of children at the
facilities. The use is clearly not low density residential, but is a high density, commercial
use inappropriate for the area. The staff suggestion that some 80 children will produce
minimal noise in the neighborhood is simply unbelievable.
We were originally asked to proceed directly with judicial review of your action of February
28, 1994. It is our hope that you will reconsider that action, and it will not be necessary to
become involved in court. We look forward to favorable action by the Council at its meeting
of March 14, 1994.
Sineerely yours,
G~ v-'T... j~ -
Evan S. Lipsiein
ESL:jsb
t;
cc: Kathryn Schrceder`
City Attorney
~~
The Wheat Ridge Jefferson Serrtinel, March L7, 7994---Page 3
= Neighborhood day-care
expansion gets go-ahead
.Iliart of red beer tame,. Kiilian, who
~s famiiy's 6eer, toured the Golden
+i from Ireland. , ~
~ifl seek
~ vacant
20 pOSt
~v-
<Y
aC
1r
3-
~~
Opponents unhappy
with a bigger school
near their homes
6Y JEF WNRE
The Clty Councll narrowly -
and amld much controvessy -
approved an eacpansion fora resi-
denttal day-care cenler that wti(
allow the factltty lo look after 23
tnfants and toddlers.
Roponen4s of Lhe expanston
of Wheat Rtdge F're-School and
Ktndergarien hatied the decislon
as providing a much-needed
servtce Cor young Camllles search-
1ng for quallty day caze.
OpFwnen[s, however, say the
expansbn ts a fttrltter inWSion
oC a business m the residenttal
neighborhood surrounding West
35Ui Avenue and Jay Slreet and
fear an fncrease in nolse and traf-
tlc wf R adversely affect their qual-
Ity oC ltCe.
Afler approvfn~ a speclal use
pcrmlt that allows [he pre-school
and kindergarle~~ to conUnue op•
eratmg m the locatton tt has oc-
cupied stnce 1957, the counctl
then voted 5-1 to permit its
ovmer, Nina Forgo, to expand her
business in[o a duplex dlrec0y
north of the extsflng ~hool.
Mayor Aan Wllde voted ln fa-
vor of U~e expanslon after the
council deadlocked 4-4.
Opponents crled foul over
Wilde's vote a(ter the mayor ac-
knowledged tha[ his wl(e,
Martha, has been an emptoyee of
Wlieat Ridge Pre-school and Kin-
dergarten toc moce than 20
yeazs.
Ctty Attorney Kathryn
Schroeder ruled Wllde's vafe did
not consUtute a Iegal confllc[ ot
Inierest.
"Ttianks a IoL mayor," one op-
ponent shouted In an~er a(ter the
[ive-t~our hearing, whlch lasled
past mtdnlghL `YOU sure did it to
us flils ume."
The expu~sbn oC llte Caclltly
w1!] provide r~m for 23 InfanLs
and toddlers at a tlme, 1n addl-
Uon to tlie S7 children ~es 2 1/2
to 6 wlio currently occupy lhe
adJacent pre-sr,hool and klnder-
garten.
6ecause nol sil children stay
the enilre dav, there wfll actualty
be more than 80 chlldren en-
rolled at the xhool once U~e eY-
panston is coinplete.~
The 25 opponenfs who spoke
out against the expansion -
many of whom Itve very near the
tacillty- tear lt will increase traf-
ilc congesUon and alr and noise
pollutton, as well as hum the
aestheUc quallly of their nei~h-
borhood.
Tttey also had a problem wtth
the etty's wtilingness to expand a
buslness located in a resldentlal
area, and quesUoned the overali
procedure that added day-care
centers under [he speclal use
permtt umbrella during a recenl
ruling that dealt roainly wlth
pawnshops.
"Weie not a~alnsl day care
and we're not againsL chtldren,"
sald Geraldtne Faes. one oC sev-
erai H~es' (amily members to
speak acainsl [he expan.sion. "We
Just feel Nina For~o Is askin~ too
much oC our nelghborhood."
Nelghbor Shlrley Helghton
agreed.
"They're trying to crowd an
awCul lol into a littfc arca," she
sald.
Former Counclfman Ron Sel-
stad Cell lhe ctty was setttng a
dangerous precedent by expand-
ing a buslness tn a restdenflal
area.
"Day care ts a very unusual,
very excepUonal treatment," he
satd. "The issue ls nol child care
or day care. ICs where tt ls."
Susan Seeds may have ex-
pressed the GustraUon of her fel-
low opponents best wlien she
said. "enough ts enough."
"How would you feel about
having 80 chlldren on your
block?" she asked counc0 mem-
bers.
Forgo, however, ar~ued that
traRic has not bctn a problem !n
the area during the 37 years the
pre-sehool has been operatlng.
and noted that Inf<vus and tod-
dlers u~~der 2 1/2 are rarely out-
side and make very IitUe nmse.
She also satd the school pro-
vides a muNi-needed service for
Uie clty's young faenflies u~d has
a fong-siandii~rt reputatlan lhal
speaks for Ilseff.
"Parents need ur ha~•,~ chofces
to feef comforWble,".slie satd_'1
believe we have br.en a good
^elghbor, and we owe thls type of
serulce to the young tamiltes of
Wheat Rtdge."
Many members of U~ose young
famllfes spoke In favor oC the ex-
pansion.
Nearly all sald they acluatly
were attracled [o the school be-
cause oC its resldenUai a[mos-
phere. and they sald tt wou~d be
much easter to drop otf both thetr
infan[s and pre-schoolers at one
location.
"IPS aimosc lmpossibie to Md
day care !or chlldren undec 2 In
Wlieat Rtd~+e," sald Natalte Hook.
"Wlien l found Wheat Rldge F're-
school. I felt it wasJust flkea I1[tIe
red schoof house, but iCs white.
The people are very loving. We
need services ftke this to en[ICe
new fimtltes to tlie cily."
Many proponents wt~o llve
^ear the school beileve that traC-
flc Isnt an issue and said not
everyone dtsflkes the aound oC
chfldren playing outdoors.
"I Ihlnk klds pfnying Is a
healthy notse," said Katherlne
F~eld. "fPs not a bad noise, ICs a
good nolse"
Palrlek Bruce sald ll~e Issue of
provlding quali ty day care gces to
the very cote oC many of loday's
problems.
"Every single tssue ~n ~hts
country ls concerned with how
our kldsaze~rowingup."hesald.
"The people who are opposed to
this shou]d reali•r.e these are good
kids growing up,"
Before the vote, counctl mem-
bers sLruggled witli llie lssue as
well.
"1 thlnk the concept of having
infant care and pre-school care
together Is excellenL"sald Coun-
ctlwoman Claudla Worth. "But. [
feel strongty that thts would Im-
pact the nefghborhood. IL fs
needed, [ can see that, but [ thlnk
tlie lmpac[ would be too nega-
tlve."
Desplte a^ the wrangltng,
however. [he tssue maV not be
dead.
City Cierk Nhnda Sant; had n
COUCt iC7lorLe~ al the, hearin~ fo
record d~c meetlngon paper.
"Cnt eXpecUctg a lawstdt wlil
probably be flled ellher wap." slie
sald- . , - . .
C~~ s~eks s~ ~~~~~l1 ~I~~~r~
w,ow m.e.ycoons eRENmG ca
~--i !~ ; ~
ym~.- ~1~-,-.~ L
d~rfa.d.~f nPVC C'
DISTRIC'£ CO[3R`~ , SEF~'EItSflI3 CO[Ft3TY , COL4Rk.F?O
Case No. 94CV541, Diviszon IS -- GFP
ORDER
GI'sk2A~,DINE FIsES, JOHN FAES, JIM L. FIEIGHTOI3, SHIRLEY FI~IGH`FON, JAMES
O. DUGGAN, EII3AR LOHN~, JAMES FAPS, NORMA FAES, JERONFE J.
FLAGEOLLE, RAE ANFI FLAGEOLLE, SUSAN SEES AND ICENI3ETH LAMKIN,
Plaintif€s,
v.
CITY COUNCIL OF THE CTTY OF WHEAT RIDGE, COLORADO, DAN WILDE, MAYOR
OF THE CITY OF WHEAT RIDGE, COLORADO, NINA FORGO AND ROSE FOSTER,
Defendants.
THIS MATTER comes before the Court on the Plaintif£s appeal,
~ proceeding under C.R.C.P. 57 and C.R.C.P. 106(aj(4). The court,
having reviewed the briefs of the parties and the file, and being
advised in the premises, finds and orders as follows.
Three questions are,before this Court. First, did Council
Bill 30 and Council Bill 39 as adopted by the City of Wheat Ridge
("the City") violate Section 5.8 of the City Charter. Second, did
the City Council violate Section 5.10 of the City Charter by
failing to recognize the protest of the surroundinq homeowners.
Third, did the Mayor violate Section 5.9 of the City Charter by
voting on Council Bill 39. The court finds that the both council
bills violated the City Charter, and thus repeals the.ordinances.
The facts are fairly straightforward. The Defendant Nina
Forqo ("Forgo") operates a day care for schoolage children in an
1
area of Wheat Ridge zoned R-2. Although this zone does not include
child care, her use predated the City's incorporation, making it a
permitted non-conforming use. In 1993, Forgo wanted to expand her
day care to include infants and toddlers, and contracted to buy the
home adjacent to the existing day care for that purpose. However,
in order to expand the property needed to be rezoned for commercial
use. Therefore, she.applied to rezone both properties.
In 1993, the City was considering where to locate pawn shops.
As a result, Council Bill 30 was introduced to establish the
proaedure for issuance of special use permits regarding pawn shops.
That bill passed its first reading in November. When the Bill was
read for the second time, on December 13, 1993, an amendment was
introduced adding day care centers. It passed on that date.
Following the passage of Council bill 30, Forgo abandoned her
commercial zoning application and applied for a special use permit.
Her applications for both properties were consolidated into a
sinqle council bill, Council Bill 39. The second reading on that
bill took place on February 28, 1994. Prior to the second hearing,
several neiqhbors filed protest against having a special use permit
granted. At that hearing, the city attorney indicated that the
protest procedure provided by Section 5.10 of the charter did not
apply and the bill could be passed by a simple majority.
During the February 28 hearing, the Council learned that the
Mayor's wife was employed by the defendant and the facts
surrounding her continued employment. The city attorney indicated
that the confl~ct rules of the city charter, presumably Section
2
5.9, posed no difficulty to the Mayor voting. Even so, the Ptayor
turned the issue over to the council who voted to allow him to vote
in case a tie occurred.
The council voted on the two 'parts of Council Bill 39
separately. The provision regarding the existinq day care center
passed by a 7 to 1 margin. The provision regarding the expansion
for toddZers and infants was tied, 4 to 4. The mayor then cast the
tie-breaking vote in favor of expansion.
The Complaint in this action was filed on March 29, 1994.
I.
The first question put before the court is whether Council
Bi11 30 and Council Bill 39 violated Section 5.8 of the City
ChazteY. In pertinent part, section 5.8 of the Charter of the City
of Wheat Ridge states:
The council shall act only by ordinance, resolutzon or
motion. All legislative enactments of a permanent nature
shall be by ordinance; all other actions, except as
provided by charter, may be in the form of resolutions or
motions. All ordinances and resolutions shall be
confined to one (1) subject . . . .
In interpreting statutory language, the rule is clear. If the
lanquage of a statute is plain, and its meaning is clear, it must
be applied as written. Willi.ams Natural Gas v. Mesa O~erations
Ltd., 778 P.2d 309, 311 (Colo. App. 1989). Words are given their
commonly accepted and understood meaning. Triad Paintin~ Co. v.
Blair, 832 P.2d 638, 644 (Colo. I991J. As ordinance is a synonym
for muhicipal statute, Black's Law Dictionarv 1097 (6th ed. 1990),
the rules of statutory construction apply.
In this case, the languaqe in question is "confined to one f11
3
subject." (Emnhasis ours). It is hard for this court to imagine
a more plain word than "one." One does not mean several, or more
than one, it simply means one. As such, each ordinance can only
have a single, solitary subject.
Council Bill 30 expands special use for pawn shops and for day
care centers. Broadly speaking, the bill's subject is special use. ~
From that perspective, it is about one subject. However, using
that interpretation of one subject, the ordinance could be about
the special use of an infinite number of topics. However, strained
or forced construction is to be avoided. Triad Paintina Co., 832
P.2d at 644. Certainly, this construction would be strained as it
would allow "one subject" to encompass many items or agendas. It
is clear that Council Bill 30 is about two distinct subjects: pawn
shops and day care. As such, it violates the city charter.
Council Bill 39 is somewhat more problematic. To be sure, it
is still about special use, and as defendants have pointed out, it
is about one day care center. However, simply because one
organization is at the heart of the ordinance does not mean that
the ordinance is about one subject.
The ordinance dealt with two parcels of land. If the two lots
had already been in use as one cohesive day care unit, perhaps the
court might be persuaded that there was one subject to this
ordinance. Iiowever, the ordinance had two parts: 1. existing day
care, and 2. establishment of a~future day care. Further, the
establishment of the new. day care required the construction of
parking, other street improvements and was intended for younger
4
children than the existing day care served.
To be sure, the subjects are closely related. However, being
related still does not equal one subject.t If the court were to
adopt the defense~s position, any organization, under the guise of
being one organization and thus one subject, could propose multi-
part ordinances of varying subjects without violatinq Section 5.8.
When interpreting statutes, the court looks to the intent of the
legislative body. Triad Paintina Co., 812 P.2d at 644. Therefore,
we must follow their intent; to confine ordinances to one subject.
To take this position would violate the very intent of the City in
mandating that only one subject will be discussed per ordinance.
As such, Council Bill 39 also violates the City Charter.
II.
The next argument posed is whether the city council erred in
not allowing a protest to be brought. Section 5.20 of the City
Charter reads, in pertinent part:
The council shall have the power to amend, supp.lement,
chattge or repeal the requlations, restrictions and
boundaries of zoning districts within the city. Such
changes shall be adopted by ordinance after a public
hearinq at which parties in interest and citizens shall
~ave an opportunity to be heard ...
In the event of a protest .... such changes will not
become effective except by the favorable vote of three-
fourths of the entire city council.
The question then becomes whether a special us~ permit falls
~ Although the City and Countv of Denver v. McNi_cols, as
cited by the plaintiff, is not on point, it does illustrate the
fact that an ordinance for benefits for employees and for officers
covers more than one subject. Citv and Countv of Denver v.
McNico75, 268 P.2d 1026, 1030 (Colo. 1954}
5
under the rubric of Section 5.10.~ To be sure, a special use
permit and rezoning are not the same. A special use permit allows
an individual or entity to do something not previously allowed,
whereas rezoning allows the activity to be conducted by anyone in
that rezoned district. Thorne v_ Board of Freemont, 638 P.2d 69,
71 (Colo. 1981). However, simply because rezoning and special use
permits perform different functions does not mean that they are not
equally covered by Section 5.10.
The defendants would have this Court believe that because an
entire zoninq district was not involved, that the protest procedure
does not apply. This Court refuses to do so. The changes in
question were proposed in ordinances 30 and 39 respectively.
FoZlowing their enactment a change will occur within a zoning
district, allowing a use previously not allowed. Nowhere in the
language of Section 5.10 is it indicated that the entire zoning
district must be changed. It merely says that the City Council has
the power to make alterations regarding the zoning districts.
This Court is persuaded by the lanquaqe of Bowen v. Hider, 37
N.Y.S. 2d 76 (1942). If switching part of a zoninq district from
residential to commercial does not effect a chanqe to a zoninq
district, this Court must wonder what does. As plaintiffs note,
Council Bill 39 permitted a use in the R-2 district which had not
' As noted in Section III, sunra., judicial review pursuant to
C.R.C.P. 106(a)(4) allows the reviewing court to reverse the Board
only if no competent evidence exists to support the decision.
~o]-eman v. Gormley, 748 P.2d 361, 364 (Colo. App. 1987j. However,
this standard is inapplicable here, because no decision was made by
the Board.
6
been permitted before. To allow the defendant's interpretation
Section 5.10 would allcw the City Council to proceed with any
changes to a zoning district, without protest from those whom it
affeets, as long as the change falls short of reconstituting the
entire district. To allow this interpretation would undercut the
protest rights of the property owners who are affected. As such,
this Court finds that the protest should have been allowed, and the
ordinance approved by three-fourths of the council.
III.
The third issue posed before this court is whether the mayor
acted properly in casting the tie-breaking vote on Council Bill 30.
The issue, however, is more properly phrased in terms of whether
the City Council erred in permittinq the mayor to vote. This is
because judicial review pursuant to C.R.C.P. 106(a)(4) allows the
reviewing court to reverse the Board only if no competent evidence
exists to support the decision. Coleman v. Gormtev, 748 P.2d 361,
364 (Colo. App. 1987). The scope of review of-the district court
is strictly limited, extending no further than to determine whether
the inferior tribunal has abused its discretion. Citv of Colorado
Sorinas v. Di_strict Court for El Paso, 519 P.2d 325, 327 (Colo.
1974). Otherwise, the weighing of evidence and the determination
of fact are function of the rezoninq board and are not matters for
consideration by the reviewing court. Coleman, 748 P.2d at 364.
Here, the Court finds that the City Council had sufficient
evidence and did not abused its discretion. A presumption of
regularity supports the official acts of public officials, and in
7
the absence of clear evidence to the contrary, courts presume that
they properly discharge their official duties. Citv of Colorado
Snrinq~, 519 P.2d at 327. The Council had all of the relevant
facts. They knew that the Mayor's wife worked for the day care,
and how her employment wouid continue regardless of the vote at
hand. Because the evidence was in front of them, and plaintiffs
failed to show this court any evidence of an abuse of discretion,
the Court cannot contradict the Board's findinq. However, as the
Council Bills were void to begin with, this point is moot.
IT IS THEREFORE ORDERED that the Council Bill 30 and Council
Bill 39 be set aside.
Done at Golden, Colorado this 3rd day of October, 1994
BY THE COURT:,
~
~•~~°: ~ :~ ~ P i~ ~1,~- ~c~.n
~ PAIj/~'. PERRICONE
DISTRICT COURT JUDGE .
8
CERTTFICATE OF MAILiNG
I hereby certify that a copy of the foregoing ORDER was placed
in the United States mail, postage prepaid, addressed to the
following this 3rd of October, 1994:
Evan S. Lipstein
Suite C-400
12600 West ColEax Ave.
Lakewood, CO 802I5
Kathryn Schroeder
Plaza 6000 - Suite 1-110
6000 East Evans
Denver, CO 80222
Chris A. Porter
4465 Kipling Street
Wheat Ridge, CO 80033
Nina Forgo
3536 Jay Street
Wheat Ridge, CO 80033
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INTRODYTCED BY COUNCIL MEMBER SILER
Council Bili No. 39 ORDZNANCE NO. 953
Series o£ 1994
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SPECIAL USE
PERMTT TO AT,LOW A DAY CARE CENTER/KINDERGAE2TEN IN A
RESIDENTIAL-TWO ZONE DISTRICT ON LAND LOCATED AT 3516 AND
3536 JAY STREET, CITY OF WHEAT RIaGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF `PHE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Sacti~n 1_ Upon application by Nina Forgo and Rose Fostes for
approval o£ a Special Use Permit in Wheat Ridge, Colosado, Case
No. SUP-94-1 and pursuant to findings made based on testimony and
evidence presented at public hearing before the Wheat Ridge City
Council, a Special Use Permit to ailow a day care
center/kindergarten on R-2 zoned land is hereby approved £or the
following described land:
35~fi ,7av Straet -
That part of the west 1/2 of the 5outheast 1J4 0£ the Northeast
1/4 of the Northwest 1/4 of Section 25, Township 3 South, Range
69 West known as and refarred to as part of Lots 8 and 9, Conway
Heights, more particularly described as foliows:
Beginning at a point 168 feet north of the southwest corner of
said Lot 8; thence continuing north on west line of said Lot 8,
125.22 feet, more or less to a point 139 £eet south of north line
oE said Lot 9; thence east and parallel to said Lot 9, 125.67
feet to a point lOQ feet west of east line of said Lot 9, thence
south and parailel to east line of said Lots 8 and 9, 125.22 feet
to a point 168 feet north of south line of said Lot 8; thence
west 125.67~feet to point of beginning, County of Jefferson,
State of Colorado.
Condition~
1. The Speciai Use Permit be granted to the Wheat Ridge
Preschooi and Kindergarten at 3536 Jay Street under the
ownership and operation of Nina Forgo.
2. The Spec3al Use Permit be limited to day care for up to 57
preschool and kindergarten children (ages 2 1/2 to 6 years
old) at any given time.
3. Use of the property shall be in accordance with Exhibit.'A'.
Improvements shall occur within 9~ days of e£fective date of
this permit.
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Ordinance No. 953 , Series of 1994
Case No. SUP-94-1/Forgo
Page 2
sPr,ti~n ~_ Upon application by Nina Forgo and Rose Foster for
approval of a Spacial Use Permit in Wheat Ridge, Colorado, Case
No. SUP-94-1 and pursuant to findings made based on testimony and
evidence presented at public hearing before the Wheat Ri@ge City
Council, a Speciai Use Permit to allow a day care
center/kindergarten on R-2 zoned land is hereby approved for the
followiag described iand:
~,Rt h ,'ra~~ Rt-raa~
That part of the W 1/2 SE 1/4 NE 1/4 NW 1/4 Section 25, Township
3 South, Range 69 West, known as and referred to as part of Lot
8, Conway Heights, more particularly described as follows:
Beginning at the southwest corner of said Lot 8; thence north
145.5 feet; thence east 140 feet; thence south 145.5 feet; thence
west 140 feet to the point of beginning, County o£ Jefferson,
State of Colorado.
Conditi.c~t~,g,
1. The Speciai Use Permit be granted to the Wheat Ridge
Preschool and Kindergarten at 3516 Jay Street under the
ownership and operation of Nina Forgo.
2. The Special Use Permit be limited to a day care center for up
to 23 fuli-time infants and toddiers (ages six weeks to 30
months).
3. Use o£ the property shall be in accordance with Exhibit 'B'.
Improvements shall occur within 90 days of ef£ect3ve date o£
this permit.
4. Curb, gutter and sidewalk shall be required to be constructed
along Jay Street with the change of use.
5. A landscape buffer that does not violate sight distance
triangle standards yet provides a dense tauffer, be placed
between the parking area and Jay Street. This could include
trees, shrubs and possible berming.
6. The visibility at the intersection o£ Jay Street and West
35th Avenue be improved.
sect3.nn 3_ vested PrnDertv R3.ahts. Approval of this special use
does not create a vested property right. This special use is
approved subject to the revocation and termination provisions of
Ordinance 945, Series of 1993.
Sect9_nn 4_ Safetv Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general golice power o£ the City of Wheat Ridge, that it is
~
Ordinance No. 953 , Series of 1994
Case No. SUP-94-1/FOrgo
Page 3
promulgated for the health, safety, and welfaxe o£ the public,
and that this ordinance is necessary Por the preservation of
health and safety and for the protection of publ3c convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
ob~ect sought to be atta3ned.
Ser_t~.on 5_ Severabil tv. If any ciause, sentence, paragraph, or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be ad~udged by a court of
competent jurisdiction invalid, such judgment shall not aEfect,
impa3r or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
~gction 6. This ordinance shall take effect 15 days a£ter
finai publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of $
to 0 on this 24th day of January , 1994, ordered
published in full in a xlewspaper of general circulation in the
City of Wheat Ridge and Public Hearing and cons3deration on finai
passage set for Fe6ruary 14 , 1994, a~ 7:00 o'clock p.m., in
the Council Chambers, ?500 West 29th Avenue, Wheat Ridge,
Colorado.
2l14/94 Continued to February 28, 1994; carried 8-0.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of 7 to 1 , this 28th day o£ February ,
1994.(for 3536 Jay Street), by a vote ot 5-4 for 3516 ~ay ~treet.
SIGNED by the Mayor on this 29th day of February , 1944.
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Wanda Sang, City C1~
~S~r~,~(~t/.a rcr•L-..J
DAN WILDE, MAYOR
APPROVED AS TO FORM BY CYTY ATTORNEY
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KATHRYN 5CHKbSDER~ TORNEY
lst Publication: February
2nd Publication: Marcfi 15,
wheat Ridge Sentinel
Effective Date: March 30,
<pc>ordsup941
1, 1994
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EXHIBIT 'B'
3516 JAY ST,
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J FRAME AND BRICK RES.
3516-18 JAY ST
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Application was originally for a zone change (WZ-93-5) and was converted to a Special Use
Permit (SUP-94-1).