HomeMy WebLinkAboutCUP-99-017500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/ 237-6944
FAX 303/234-5924
August 18, 1999
Mr. Richard Fulton
10545 W. 46`n Ave.
Wheat Ridge, CO 80022
Dear Mr. Fulton:
Ridge
Please be advised that at its meeting of August 5, 1999, the Planning Commission APPROVED your
request for a conditional use permit for expansion of the adjacent Montessori School at 10351 West
44' Avenue subject to the following conditions:
That the shrubbery at the entrance to the driveway be removed or cut down to a
maximum height of 36 inches.
Access be limited to West 44' Avenue and that no vehicle access be allowed to the
school property from the west to eliminate the circular traffic situation.
Please feel free to contact me at 235-2846 if you have any questions.
Sincerely,
L/lz'L1 ~1 G✓ J6icIt
Barbara Delgadillo
Planning and Development Secretary
Attachments: Draft Minutes of 8-5-99
/bd
cc: CUP-99-01
Ct\Barbara\PCRPTS\PLANGCONBCORRESP\cup9802.wpd
7. PUBLIC HEARING
A. Case No. CUP-99-01 An application from Compass Montessori School for approval of a
conditional use permit for an additional classroom within an existing building on property
located at 10351 West 44th Avenue and zoned Agricultural-One.
Prior to presentation of the case, Chair BRINKMAN requested that Commission comments be
limited to the case itself and that issues with charter schools, public schools, etc. be discussed
with City Council at a different venue.
The case was presented by Sean McCartney. He noted a correction to the staff report that
Compass Montessori is now the owner of the property. He reviewed the staff report and
presented slides and overheads of the subject property. All pertinent documents were entered
into the record and accepted by Chair BRINKMAN. The Commission was advised that there
was jurisdiction to hear the case. No opposition has been received in regard to this application.
Mr. McCartney stated that, although the staff report stated a city building permit would be
required, it is incorrect because, as part of the R-1 school district, a city building permit is not
required of the applicant. The six criteria used to evaluate a CUP were reviewed. Staff
recommended approval of the application with a condition that shrubs at the corner of the
driveway and West 44th Avenue be maintained at a 36-inch level or possibly removed.
Commissioner GOKEY expressed concern about increased traffic resulting from the addition of
a classroom and asked if an acceleration/deceleration lane should be required on 44th Avenue.
Mr. McCartney replied that the traffic engineer had reviewed the matter and did not believe the
extra lane was necessary. Commissioner GOKEY asked about city requirements for the
Americans with Disabilities Act (ADA). Commissioner SNOW commented that ADA
requirements are governed by federal (not local) law.
In response to a question from Commissioner SNOW, Mr. McCartney replied that the reason
the CUP does not comply with the Comprehensive Plan is that the Plan asks specifically for
high density residential.
Commissioner THOMPSON stated that she would prefer that rezoning be applied for in the
future rather than issuing any more CUP's. She expressed concern about traffic circulation
through the property.
In response to a question from Commissioner MACDOUGALL, Mr. McCartney replied that
the applicant would have to apply for another CUP in the case of any future changes planned
for the building.
Commissioner DOYLE asked about the posting of the property. Mr. McCartney explained that
posting is only required for the frontage of the property; and that the sign fell down, but was put
up again.
Planning Commission Page 2
August 5, 1999
Commissioner THOMPSON asked if it would be possible to put a condition on the CUP to
require the school to seek rezoning for any future changes to the buildings. Alan White stated
that it would probably be possible to place a condition that any further modifications than those
allowed in the last CUP should be pursued as rezoning, but reminded her that rezoning would
allow many other uses on that property should the school ever leave.
In response to a question from Commissioner GOKEY, Alan White replied that the school
district has to be consistent with the city's zoning and cannot override local land use authority.
Commissioner GOKEY asked why the Montessori school, as part of the R-1 School District,
was required to come to the City for a CUP. Mr. White replied that, since the property in
question is zoned agriculture, schools are only allowed under a CUP. If the property were
zoned residential, the school could modify the building without permission from the City.
Commissioner THOMPSON expressed concern about the possibility of parents driving both
ways on this driveway in cases of inclement weather, etc. and asked if the driveway is wide
enough for two-way traffic. Mr. McCartney replied that the driveway is 15 feet in width and 22
feet is standard for two-way traffic.
Diane Sherk
5050 West 33rd Avenue
Ms. Sherk was sworn in by Chair BRINKMAN. She stated there will be minor interior
renovations to the building. No exterior renovations are planned other than changing the two
exit doors so that they will swing out for fire safety. Planned renovations will bring the
building into UBC conformance. A fire alarm and sprinkler system will be installed and the
basement ceiling will be fire rocked. She stated that children will not be allowed in the
basement area which is planned for storage purposes only. She further stated that the hours of
school operation could be staggered if traffic problems develop.
Commissioner DOYLE asked if modifications would meet fire codes and, also, how many
children would be in the building. Ms. Sherk replied that the changes would meet fire code and
there are plans for twenty children to use the building.
Ms. Sherk stated that she could understand Commissioner THOMPSON's concern about the
driveway and suggested two options: (1) installation of a gate which could be closed after
teachers have parked; or (2) the driveway could be widened to accommodate two-way traffic.
Regarding circulation around the playground, Ms. Sherk stated that the school had intended to
extend the playground to the wooden fence, but has found that the circulation is beneficial for
delivery access. She stated that the drive is never used by parents; however, the school would
be open to gating it off, expanding the sod area or whatever is necessary to make sure it doesn't
become a circulation problem.
Commissioner THOMPSON expressed concern that, because it is a residential property which
will be used as a commercial piece of property, she would like to see controls on the access
because of the nature of 44th Avenue. She also asked if the school was considering rezoning in
Planning Commission Page 3
August 5, 1999
the future. Ms. Sherk stated that she believes the school is a permanent entity in the community
and would ultimately rezone the property.
Commissioner SNOW asked if a ramp would be installed in this building for disabled students.
Ms. Sherk said their plans do not call for that at this time; however, the main building is
entirely handicapped accessible and therefore, no children would be turned away from the
school because of the lack of handicapped accessibility.
In response to a question from Commissioner SNOW, Ms. Sherk stated that she is a parent of a
Compass Montessori student.
In response to a question from Commissioner COLLINS, Ms. Sherk replied that the R-I team
inspected the building for asbestos and will remove any asbestos found.
Richard Fulton
10545 West 46th Avenue
Mr. Fulton was sworn in by Chair BRINKMAN. In response to questions from Commissioner
GOKEY, Mr. Fulton stated that the school brings in school district funds and there is a
preschool, extended day kindergarten and after school programs that provide revenue as well.
He stated that charter schools are new and are quasi-governmental organizations and that he is
an R-1 employee. The property is covered under R-I property management and 75-80% of
their revenue is from PPOR funds. The school makes payments to a lending and leasing
agency to purchase the property.
Commissioner GOKEY expressed concern about the increased enrollment of fifty students
which would generate fifty more trips into that neighborhood. Mr. Fulton stated that fifty extra
students doesn't necessarily mean fifty extra automobile trips because some of these students
are siblings to current students and some students car pool. He also noted that the school
addresses traffic problems, etc. to parents via their newsletter.
Commissioner GOKEY asked if Montessori defaulted, who the property would revert to. Mr.
Fulton replied that it was his understanding that it would go to Jefferson County Schools.
Commissioner GOKEY expressed concern that the school is into daycare, etc.. and those types
of businesses are governed by the city's planning and zoning department. Mr. Fulton stated
that many public schools run before and after school programs.
Chair BRINKMAN called a point of order and asked Commissioner GOKEY to limit
discussion directly to the Conditional Use Permit.
Commissioner GOKEY asked about the driveway. Mr. Fulton replied that he is confident the
parents will comply with the school's request to avoid use of the driveway; however, the school
would be willing to install a gate.
Planning Commission Page 4
August 5, 1999
Commissioner COLLINS inquired about the school's income tax status. Mr. Fulton replied
that they are nonprofit and the status is 501(3)(C).
Commissioner MACDOUGALL asked Mr. Fulton if he felt the school is at capacity with 200
students and if there were plans for future expansion. Mr. Fulton replied that, given the present
facilities, they are at capacity and that they would like to build a multi-purpose room on the site
some time in the future.
Commissioner DOYLE asked about the fire alarm system. Mr. Fulton stated that the Fire
Department has approved the fire alarm system and it is monitored by Denver Burglar Alarm
Co.
It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON
that Case No. CUP 99-01, a request for approval of a Conditional Use Permit for
expansion of the adjacent Montessori School at 10351 West 44th Avenue be approved for
the following reasons:
1. The criteria used to evaluate a Conditional Use Permit supports approval of the
request.
2. The staff recommends approval with the following condition: That the shrubbery
at the entrance to the driveway be removed or cut down to a maximum height of
36 inches.
Commissioner GOKEY offered an amendment to request that the driveway be increased to 22
feet in order to handle two-way traffic and that the shrubs be completely removed for safety
reasons. Commissioner SNOW indicated she would not accept the amendment because she is
concerned that a wider driveway would encourage heavier use.
Commissioner GOKEY commented that he would like to see a one-way sign posted for the
driveway.
Commissioner THOMPSON offered an amendment to require that access be limited to
West 44th Avenue and that no vehicle access would be allowed to the school property
from the west to eliminate the circular traffic situation. Commissioner SNOW accepted the
amendment to her motion.
The motion passed by a vote of 6 to 1 with Commissioner GOKEY voting no.
9. OLD BUSINESS
A. Planning Commission Vacancy - Chair BRINKMAN inquired about the status of filling the
vacancy on the Planning Commission. Alan White replied that he was not aware that any
applications have been received by the City. Chair BRINKMAN stated that she would like the
City Council to make this a priority.
Planning Commission Page 5
August 5, 1999
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PUBLIC HEARING SPEAKERS' LIST
CASE NO: t6' U F9- O / DATE: August 5, 1999
REQUEST
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Address/Phone In Favor / Opposed
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CITY OF WBEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: August 5, 1999 DATE PREPARED: July 29, 1999
CASE NO. & NAME: CUP-99-1 / Compass CASE MANAGER: Sean McCartney
Montessori School
ACTION REQUESTED: Conditional Use permit to allow a classroom expansion on a property zoned
Agricultural-One.
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S)
NAME & ADDRESS OF OWNER(S)
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
AGENCY CHECKLIST: (XX)
RELATED CORRESPONDENCE: (XX)
10351 West 44' Avenue
Compass Montessori School
P.O. Box 1453
Wheat Ridge, CO 80034
Kathleen Garramone
10351 West 44' Avenue
Wheat Ridge, CO 80033
1.77 acres
Agricultural-One .
Single Family Residential
N:, S: and E: Planned Residential Development,
W: Restricted-Commercial
N:, S: and E: Multi-Family residential-
W: School
July 16, 1999
July 22, 1999
July 14, 1999
( ) NOT REQUIRED
( ) NONE
ENTER INTO RECORD:
( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBITS
( ) SUBDIVISION REGULATIONS ( ) OTHER
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.
/4- I
I. REQUEST
The applicant is requesting approval of a Conditional Use Permit to allow for expansion of the existing
Montessori School into the existing single-family residence. A valid Wheat Ridge building permit will
be required prior to any interior construction.
Currently, the property located at 10351 West 44"' Avenue is being used as a single family residence.
The current owner of the property, who is under contract with Compass Montessori to sell them the
property, has agreed to let Compass Montessori use the house for the classroom expansion. Pursuant to
Section 26-18(D)(1), of the Wheat Ridge Code of Laws a conditional use permit is required when any
portion of an Agricultural-One property is to be used for public or private school purposes. Staff
recommends approval of a Conditional Use Permit for this property, but will not support a rezone at this
time.
On April 2, 1998, Compass Montessori applied for a Conditional Use Permit to allow for the existing
playground, which is located to the rear of the house in question. The Conditional Use Permit was
approved by Planning Commission, with conditions (see attached minutes). The playground is an
accessory use to the school building to the west. The western parcel is zoned Restricted Commercial,
which allows a private school as a use by right.
To date, staff has not received any complaints regarding the playground location or traffic related issues
II SITE PLAN
The attached site plan shows how the existing residential property and adjoining Montessori School is
currently built out. There is a single-story residential structure located closest to West 44th Avenue
(south) and a detached garage located north of the residence. Access to the site is currently achieved
from a driveway located on West 44" Avenue.
The house, which was built in 1922, will be used for the expansion of a couple classrooms and one
administrative office. The existing configuration of the interior of the home will predominately remain
as is, with the exception of a few minor changes to meet the Uniform Building and Fire Codes. The
Montessori School intends on using the existing bedrooms as classrooms, the basement as storage and
the 20'X 30' detached garage as additional storage.
While most of the employee parking and student drop-off will still be on the main school site to the
west, the Montessori School intends on allowing the three teachers, of the classroom expansion, to park
on the existing hard-surfaced driveway currently located on the site in question. There aren't any plans
to increase the parking surface on the site in question.
Through conversations with a Montessori School representative, staff was informed that there are
possible plans to further expand the residential structure to allow for more classroom space. However,
because the plans remain in a schematic stage, the Montessori School did not want to apply for the future
expansion on this request. Staff informed the Montessori School that any future expansion of the
structure would require an additional Conditional Use Permit.
III NEIGHBORHOOD REFERRAL
A neighborhood meeting was held on Wednesday, April 27th, at the Compass Montessori campus.
Neighbor's from the adjoining Ptarmegin Apartments were present and were in support of the request.
IV AGENCY REFERRALS
Valley Water will require increased service lines to adequately service the classroom expansion.
Arvada Fire District will require upgrades with the change of occupancy.
Wheat Ridge Building Division will require compliance with the Uniform Building Code for any interior
modifications.
Wheat Ridge Public Works Department will require no upgrades at this time. Future expansions will
have to be re-evaluated.
All other agencies were notified and can serve with appropriate service upgrades.
V. CRITERIA
Before a Conditional Use Permit is approved, the applicant shall show and the Planning Commission
shall find that the proposed Conditional Use:
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.
The retrofit of the existing residential structure for the Montessori School classroom expansion should
not have a detrimental impact on the neighborhood and adequate parking will be supplied on the
adjacent site. The hours of the classroom will mirror those of the current hours posted for the existing
Montessori School.
2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise
pollution.
The proposed expansion of the classrooms should not adversely affect the adequate supply of light and
air, nor increase the air, water or noise pollution because there won't be any exterior changes to the
existing residential structure.
3. Is consistent with the Comprehensive Plan.
The Wheat Ridge Master Plan designates desirable land use as high-density residential. Staff concludes
a private school would be incompatible with the desired land use. However, if the property were to be
built to comply with the Comprehensive Plan, there is the possibility that 21 multi-family dwelling units
could be placed on the site, which could have a dramatic impact on the existing infrastructure and
utilities. Therefore, approval of this request would have a lesser impact on the surrounding
'3
neighborhood.
4. 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.
The proposed classroom expansion should not result in undue traffic congestion, traffic hazards or
unsafe parking, loading and service because this use is an accessory use for the Montessori School,
which is a use by right in the Restricted-Commercial zone district. Montessori employees and student
drop-off will still be done so on the parking lot to the west. Only the teachers who are assigned to the
classroom expansion, will be parking on the property in question.
5. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony and compatible with the character of the
surrounding areas and neighborhood, especially with adjacent properties.
Because there aren't any plans to change the exterior qualities of the existing residential structure, and
the existing landscaping, setbacks and height of the existing structure comply with all of the regulations
established in the Wheat Ridge Code of Laws, approval of this will be compatible with the character of
the surrounding area.
6. Will not overburden the capacities of the existing streets, utilities, parks, schools and other
public facilities and services.
The development will not overburden the parks as they are providing their own playground facility. All
other public facilities will be serviced by outside agencies.
VI CONCLUSIONS AND RECOMMENDATIONS
Staff concludes that approval of this request should have a minimal impact on the surrounding
neighborhood. It was found that, if the site were to be built to comply with the Wheat Ridge
Comprehensive Plan, there could be a greater impact on the neighborhood. Also, the Montessori School
is intending on leaving the existing residential structure as is, with the exception of some minor interior
changes. Most of the employee parking and all of the student drop-off will still be provided on the
Montessori School site to the west. Therefore, based on the above information, staff recommends
approval of Case No. CUP-99-01.
VII RECOMMENDED MOTIONS
Option A: "I move that case no. CUP-99-1, a request for approval of a Conditional Use Permit for an
expansion of the adjacent Montessori School at 10351 West 44' Avenue, be APPROVED for the
following reasons:
1. The criteria used to evaluate a Conditional Use Permit supports approval of the request; and
2. Staff recommends approval.
A_
With the following condition:
1. A completed building permit be applied for prior to any construction."
Option B:"I move that case no. CUP-99-1, a request for approval of a Conditional Use Permit for an
expansion of the adjacent Montessori School at 10351 West 44' Avenue, be DENIED for the following
reasons
2.
3."
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OFFICIAL
ZONI N6 MAP
WHEAT RIDGE
COLORADO
MAP ADOPTED _Lne 15, 1994
Last Revision: September 19, 1996
A-~
UMENT OF PLAMI,6 MD PEVELORIENr - 235-2652
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6-16-1999 10:27AM FROM LES A PFENNING 303+423+2341+ P,2
May 3,1999
MyCMU On412W2
Mr. Sean McCartney, Planner
Wheat Ridge Planning and Zoning
7500 West 29'b Avenue
Wheat Ridge Colorado 80033
Re: Conditional Use Permit - - Lot 2, Garramone Gardens
Dear Mr. McCartney:
I am the fee simple owner of Lot 2 Garramone Gardens and am currently under contract
with Compass Montessori School to sell them this property. I understand that Compass
Montessori is applying for a conditional use pemvt so that they may use the house for
classroom space.
Therefore, I am granting to Compass Montessori, Inc. Ted Smith, President a limited
power of attorney to make application for this permit. Compass Montessori School will
have all responsibility for costs and fees associated with this application.
This limited power of attorney shall expire upon closing, which is set for July 15, 1999.
Sincerely,
~
Kathleen Marie Gan=one
10351 W. 44i8 Ave.
Wheat Ridge CO 80033
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p.c,. NtltauTr~-5 4/1U/96
Chair THOMPSON offered an amendment to add two items to the agenda under New
Business: (1) Discussion of property on Xenon Street; and (2) discussion of the emergency
phone verification system.
The amendment was accepted by Commissioner SNOW.
The motion carried by a vote of 6-0, with Commissioners COLLINS and THEANDER
absent.
5. APPROVAL OF MINUTES
The minutes of the March 19, 1998, Wheat Ridge Planning Commission were presented for
approval.
It was moved by Commissioner BRINKMAN and seconded by Commissioner DUNN to
approve the minutes as submitted. Motion carried 5-0 with Commissioner THEANDER
absent; and Commissioners GOKEY and SNOW abstaining.
6. PUBLIC FORUM
There was no one signed up to speak before the Commission.
(Commissioner THEANDER arrived at 7:35 p.m.)
PUBLIC HEARING
Chair THOMPSON declared the public hearing open.
A. Case No. CUP-98-1: An application from Compass Montessori School for
approval of a conditional use permit to allow use of property zoned Agricultural-One
and located at 10351 West 44th Avenue as a playground area for a private school.
Sean McCartney presented the case stating the name of the applicant as Compass Montessori
School and the name of the property owner as Kathleen Garramone. He reviewed the staff
report and entered the case file, packet materials, zoning ordinance and exhibits into the
record. He informed that since the property was within the City of Wheat Ridge and all
notification and posting requirements had been met, there was jurisdiction to hear the case.
Mr. McCartney presented an overhead projection of the site plan showing the proposed
playground which would be located in the rear portion of the property presently owned by
Kathleen Garramone. He stated that the Compass Montessori School planned to purchase
Planning Commission Page 2
04/16/98
the subject property in the future for the purpose of expanding the school and, at that time,
another conditional use permit or zone change to Restricted Commercial One would be
necessary.
Mr. McCartney informed that the playground is planned to support children from ages three
to twelve years and would be used only during school hours. The playground would be
located eighteen feet from the northern property line and twenty feet from the eastern
property line extending west to abut the Montessori School building, with an existing six-
foot solid fence along the perimeter of the property. The proposal included plans to erect
temporary gazebo-type structures on the playground; however, there were no plans to build
any permanent structures on the site. He stated that a neighborhood meeting was held on
February 18, 1998 with residents from the adjoining Ptarmigan Apartments who indicated
they were in favor of the proposed use.
Mr. McCartney reviewed the criteria for granting conditional use permits, and informed that
it was staff's conclusion that the request should be approved. He noted that a completed
Building and Dumping/Landfill permit would be required prior to construction of the
playground.
Questions and discussion followed. Alan White advised the Commission that, since the
school is under the jurisdiction of Jefferson County School District, it is exempt from local
requirements as far as building permits and inspections are concerned; however, the City
does have jurisdiction regarding drainage.
Chair THOMPSON asked if the residence driveway would also be used for access to the
school. Mr. McCartney informed that the Commission could make a condition to the
approval that the residential driveway not be used for access to the school.
Following further discussion, the applicants appeared before the Commission.
Diane Otten
1010 15th Street, Golden, CO
Ms. Otten was sworn by Chair THOMPSON. She explained that the Montessori School is a
Jefferson County charter school which was approved by the Jefferson County School
District in December, 1997 and purchased the Garramone property to establish the school.
She informed that the preschool is privately funded, and kindergarten though sixth grade
classes are funded by the School District. She stated that they have an option to purchase
the remaining Garramone property within the next two years, and are aware that they will
have to apply for a rezoning in order to use that additional property for school use.
Planning Commission Page 3
04/16/98
~4_ I
In response to a question from Commissioner SNOW, Ms. Otten replied that the property is
owned by Compass Montessori, Inc., but the school is funded by Jefferson County. She also
noted that they plan to enroll 150 children and that there is capacity for 180 children.
Patricia Trapp
502 Parkview Court, Golden, CO
Ms. Trapp was sworn by Chair THOMPSON.
Ms. Trapp described the construction of the playground stating that they do not plan to
change the irrigation on the site and that a chain link fence would be constructed between the
playground and the Garramone residence. She informed that the playground must meet
requirements set forth by the Department of Social Services and that she was agreeable to
considering a single access from Miller Street into the school.
Commissioner GOKEY expressed concern about the increase in traffic which would result
from transporting 150-180 children to and from the school and asked if a traffic impact study
had been completed. Bob Goebel replied that the traffic engineer had assessed the situation
and felt it was advisable to close the access from 44th Avenue because of the heavy traffic
on that street.
Ms. Trapp informed that starting times would be staggered and that school parking exceeded
Jefferson County school standards. She also noted that the parents and directors of the
school are very concerned about traffic safety.
Commissioner COLLINS asked what the intended use of the Garramone residence would
be. Ms. Trapp replied that, if they are able to purchase that additional property, the
playground would be expanded and the house would become a part of the school.
Commissioner GOKEY expressed concern that the School District is not accountable to the
City as far as building permits, inspections, etc. are concerned.
Chair THOMPSON asked why the school was requesting the conditional use permit instead
of the Garramone's who presently own the land in question. Mr. McCartney explained that
the applicants have a power of attorney from the Garramone's.
Robert W. Ulrich
10251 West 44th Avenue 8-206
Mr. Ulrich was sworn by Chair THOMPSON. He stated that he represented the
homeowners association at Ptarmigan Condominiums and had been contacted by several
Planning Commission Page 4
04/16/98
/ - ID
homeowners who were concerned that they had not received notification of the February
meeting. He stated that none of the homeowners were opposed to the playground.
Nancy Degenhart
Representing Helen Newdorp
10251 West 44th Avenue 8-104
Ms. Degenhart was sworn by Chair THOMPSON. She stated that she was representing her
mother, Helen Newdorp, who was concerned about the use of the playground during times
the school was not in operation. She stated that, after hearing testimony, she was satisfied
that it would not.
It was moved by Commissioner BRINKMAN and seconded by Commissioner SHOCKLEY
that Case No. CUP-98-1, a request for approval of a Conditional Use Permit for a
Montessori School playground at 10351 West 44th Avenue be APPROVED for the
following reasons:
The criteria used to evaluate a Conditional Use permit supports approval of the
request; and
2. Staff recommends approval.
With the following condition:
1. The limited power of attorney letter be renewed to contain a much later expiration
date than April t, 1998.
The motion passed by a vote of 6 to 1, with Commissioner GOKEY voting no; and
Commissioner THEANDER absent.
(Chair THOMPSON declared a recess at 8:50 p.m. The meeting was reconvened at 9:00
P.M.)
B. Case No. ANX-98-3 and Case No. WZ-98-8: An application from Tom Hartley
for approval of an annexation of the area approximately located at 13500 West 44th
Avenue in the county of Jefferson and initial zoning of the area to PID.
The case was presented by Martin Omer who stated that the applicant was requesting
annexation to the City of Wheat Ridge of approximately 51 acres of undeveloped land
located in Jefferson County. He informed that the applicant has requested zoning of Planned
Industrial District with a provision for two acres of commercial/retail land use.
Planning Commission Page 5
04/16/98
p4-t3
RECEPTION NO. F025( J .00 Pl 3001-001
6
210 RECORDED IN JEFFERSON COUNTY, COLORADO 6/14/96 1007
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G.
TILIS DEED, Made this
of the -County of Jefferson
Colorado, grantor(s), and -
Kathleen Marie Garrat one
QUITCLAIM DEED
/ I D"j'dayof =WAY I`e
between
Richard Louis Garramone and Kathleen Marie
Garramone
whose legal address is 10351 West 44th Avenue
Wheatridge, Colorado 80033
of the County of Jefferson
,1996 ,
and State of
and State of Colorado, grantee(s).
W 1TNESSETH, That the grantor(s), for and in consideration of the sum of --Dollars
Ten and no/100's
ise- released, sold and QUITCLAIMED. and by
the receipt and sufficiency of which is hereby acknowledged, have rem heirs, successors and and by
these presents do remise, release, sell and QUITCLAIM unto the granteeO), in aher nd to the real property. together with
forever, all the right, title, interest, claim and demand which the grantor(s) have and State
County of Jefferson
improvements, if any, situate, lying and being in the
Colorado, described as follows:
Parcel A: lots 1, 2 and 3, Block 1, %WrNAU GARDENS
Parcel B: A parcel of land located in h W1/2 he. E/2 of the NE 1/4 follxas:
Section 21, Tt*mship 3 South, Range 9 West of the 6th P GARDENS and the North
CCM~NCING at the intersection of the East line of BREIDTA7S,
nTsid~ff Vkst 44th Ave. 120 fee
side of West 44th Ave. thence East along theNorth
thence North parellel with the East line of A
West to said line of BREPNALL GARDENS, thence South to the POINT' OF BMINNING.
(No documentary fee required pursuant to C.R.S. Section 39-13-102(2)(a)).
also knovn by street and number as: 10351 W. 44th Ave., Wheatridge, Colorado 80033
assessors schedule or parcel number.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges (hereunto either in iin3 or in
anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), or equity.
to the only proper use, Ixncfit and behoof of the grante00 her heirs and assigns forever.
IN WITNESS WHEREOF, The grantor(s) have eseeated this deed on the date set forth above.
i Ue
een a r none
l J ~
1 SS.
l Jul , )996 ,
day or
Marie Garralmne
witness my hand anti othcial seal.
County of
The foregoing instrument was acknowledged befarc me this
Richard Louis Garrmnone and Kathleen
JAN. -20' 98(TUE) 11:41 GOLDEN EQUITIES
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Post-V brand fax transmittal memo 7671
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JAN 20 °98 11:43 -1303 277 7004 PAGE.001
aF WHEAT LAND USE CASE PROCESSING APPLICATION e WHEAT
Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
°pe oR Aoo Phone (303) 235-2846 ~~C ORAO~
(Please print or type all informati)n)
Applicant Compass Montessori Address 10399 W. 44th Avenue Phone303-420-828
ch
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City , Wheat Ridge, CO 80033
Owner Kathleen Garramone Address 14171 W. 44th Avenue Phone 3 0 3 - 2 7 3 - 9 0 2
City Wheat Ridge, CO 80033
Location of request (address) 10351 W. 44 Avenue, W 0 80033
Type of action requested (check one or more of the actions liste
d below which pertain to your request.)
❑ Change of zone or zone conditions ❑
Variance / Waiver
❑ Site development plan approval ❑
Nonconforming use change
❑ Special Use Permit ❑
Flood plain special exception
x❑ Conditional Use Permit ❑
Interpretation of Code
❑ Temporary Use, Buildings, Signs ❑
Lot line Adjustment
❑ Minor Subdivision (5 lots or less) ❑
Planned Building Group
❑ Subdivision (More than 5 lots) ❑
Street Vacation
❑ Preliminary ❑ Final ❑
Other:
Detailed description of the request: Conditional permi
t for school classroom on prop er
zoned A-1
Fill out the following information to the best of your knowledge.
Current Zoning: -
Size of Lot (acres or square footage): 1. 7:7acres
Current use: Residental
Proposed use: Classroom/Public School
Assessors Parcel Number:
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing this application, I am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners
%ustsubmit_pQrover•-of at yv er hich a proved of this action on his behalf.
f~.,,.
~Stg
6
LAURIE CLARIt
Notary PubPd ~ Subscribed and sworn to me this g24-* day o0, , 19 EcL
State of Colorado
G
Notary Public
My commission expires 09 ° 1 aco i
IIMHKUKI' • • Y
Date received -"LG Receipt No. Case No. G no I
Related Case No. Gi ~L Q I Zoning I ( Quarter Section Mapkk, LA
1 °16
7500 WEST 29TH AVENUE
July 14, 1999
Dear Property Owner:
WHEAT RIDGE, COLORADO 80215
The City of ~~OF WHEgTRo
Wheat - ,m
TRidge
C°c O R NV0
This is to inform you that Case No. CUP-99-01 which is a request for approval of a
conditional use permit to add a school classroom within an existing building on the
property located at 10351 W. 44th Avenue for the Compass Montessori School will
be heard by the Wheat Ridge Planning Commission in the Council Chambers of the
Municipal Complex at 7500 West 29th Avenue. The meeting will be held on August
5, 1999 at 7:30 p.m.
All owners and/or their legal representative of the parcel under consideration must be
present at this hearing before the Planning 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 hearing.
If you have any questions or desire to review any plans, please contact the Planning
Division at 235-2846. Thank you.
Planning Division.
C:\Barbara\PCRPTSWLANGCOM\PUBHRG\CUP9901. WPD
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
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Via, v
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
PLANNING COMMISSION on August 5, 1999, 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 following petitions shall be heard:
1. se No. CUP-99-01: An application from Compass Montessori School for approval of
a conditional use permit for an additional classroom within an existing building on
property, located at 10351 W. 44' Avenue and zoned Agricultural-One. Said property is
legally described as follows:
A parcel of land located in the West %z of the East %z of the Northeast 1/4 of Section 21,
Township 3 South, Range 69 West of the 6th P.M. described as follows: Commencing at
the intersection of the East line of Bretnall Gardens and the North side of West 44th
Avenue 120 feet, thence North parellel with the East line of Bretnall Gardens 300 feet,
thence West to said line of Bretnall Gardens, thence South to the Point of Beginning.
M.40~
Barbara Deigadillo, P tanning Secretary
ATTEST:
Wanda Sang, City erk
To be Published: July 16, 1999
Wheat Ridge Transcript
C:\Barbara\PCRPTS\PLANGCOM\PUBHRG\CUP9901 Pub. W PD
July 14, 1999
INVOICE
PAYABLE TO: City of Wheat Ridge
Planning Department
7500 W. 29" Ave.
Wheat Ridge, CO 80215
Attn: Barbara Delgadillo
TO: Jefferson County School
10399 W. 44' Ave.
Wheat Ridge, CO 80033
Attn: Richard
ITEM COST
60 certified letters $3.50 each
TOTAL DUE
$210.00
Please make check payable to the City of Wheat Ridge and mail to the above address. Payment
must be received prior to the Planning Commission meeting of August 5, 1999.
If you have any questions, please contact Barbara Delgadillo at 303/235-2846.
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April 29, 1999
Neighborhood Meeting
The administrators, teachers,
and parents of Compass
Montessori School aim to
nurture the whole child
adapting to meet each students
unique intellectual, emotional,
social, physical and spiritual
needs. Our goal is to foster
competent, responsible, and
independent citizens who are
innovative problem solvers.
At Compass Montessori,
students will learn to respect
themselves, other people, and
the environment. In addition,
we will strive to instill a
life-long love oflearning
in every student.
10399 West 44th Avenue
Wheat Ridge, CO 80033
(303) 420-8288
email:
compass@jeffco.k12.co.us
The following people attended the Conditional Use Permit Rezoning
Neighborhood Meeting on April 27, 1999 from 7:00 p.m. - 8:00 p.m. at
Compass Montessori School located at 10399 West 44"' Avenue in Wheat
Ridge, Colorado. The purpose of the meeting was to discuss the proposal
by Compass Montessori School to request a conditional use permit for
their school and classroom use on property currently zoned A-I located at
10354 west 44th Avenue in Wheat Ridge.
In attendance were:
NAME ADDRESS
Linda Robertson 10251 W. 44th Ave 93-205
Wheat Ridge, CO 80033
Opal E. Keeney 10251 W. 44`h Ave.
Wheat Ridge, CO 80033
Helen L. Tolman 10251 W. 44' Ave.
Wheat Ridge, CO 80033
Richard Fulton 10399 W. 44th Ave.
Wheat Ridge, CO 80033
Martin Omer 7500 W. 29th Ave.
Wheat Ridge, CO 80215
Kristy Cash 10399 W. 44th Ave
Wheat Ridge, CO 80033
Wendy Morrison 10399 W. 44th Ave
Wheat Ridge, CO 80033
Association
President of
the Ptarmigan
Homeowners
Association
Ptarmigan
Homeowner
Ptarmigan
Homeowner
Principal
Compass
Montessori
City of
Wheat Ridge
Teacher
Compass
Montessori
Parent
Compass
Montessori
website: http://204.98.1.2/
services/schools. html
The administrators, teachers,
and parents of Compass
Montessori School aim to
nurture the whole child,
adapting to meet each students
unique intellectual, emotional,
social, physical, and spiritual
needs Our goal is to foster
competent, responsible, and
independent citizens who are
innovative problem solvers.
At Compass Montessori,
students will learn to respect
themselves, other people, and
the environment. In addition,
we will strive to instill a
life-long love of learning
in every student.
10399 West 44th Avenue
Wheat Ridge, CO 80033
(303) 420-8288
email:
compass@jeffco.k12.co.us
February 28, 2000
Meredith Reckert
City of Wheat Ridge
7500 West 29" Avenue
Wheat Ridge, CO 80215
Dear City of Wheat Ridge:
Compass Montessori School is proposing construction on the property 10351 and
10399 West 44" Avenue in the near future. The current zoning for 10351 is A-1
and 10399 is RC-1. In order to proceed with the construction, the school is
applying for a conditional use permit for the A-1 zoned portion of the school and a
variance for the RC-1 portion of the school with the City of Wheat Ridge. The
conditional use permit requires neighborhood meeting input. The Neighborhood
Meeting was held February 22, 1999.
Specifically, Compass Montessori School is requesting the approval of the
conditional use permit for the construction of three classrooms, a multi-purpose
room and playground improvements on the 10351 W. 44`n Avenue property. In
addition, the school is requesting a variance to construct a school sign within 30 feet
of W. 44" Avenue and build an entryway vestibule within 20 feet of Miller Street.
Please refer to site plan for specific distances.
If you have any questions feel free to call Compass Montessori School at 303-420-
8288.
S! inceLelC~/
Richard Fulton, Principal
website: http://2008.1.2/
services/sch o ols. html
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Project: Compass Montessori School, 9993
Date: February 28, 2000
Attn: Richard Fulton, Compass Montessori School
10399 W. 4,r Ave.
Wheat Ridge, Co. 80033
cc: Meredith Reckert, City of Wheat Ridge, 7500 W.29 h Ave.,
Wheat Ridge, Co. 80215
Richard,
Attached is the current site plan drawing at a scale of 1" = 20'-0". Please call with any questions
you may have.
Dan O'Brien
VAN TILBURG, BANVARD & SODERBERGH, AIA
PENTHOUSE, 225 ARIZONA AVE, SANTA MONICA CA 90401 TEL 310.394.0273 FAX 310.394.2424
SUITE 170, 1860 BLAKE STREET, DENVER CO 80202 TEL 303.675.0041 FAX 303.675.0052
PRINTED: 02/28/00 TRANSMITTAL Page I of 1
T Ora 0901 DOC:'_-_ - &o
f WHEgr
Wheat Ridge Planning and Development Department ho q~
PRE-APPLICATION MEETING SUMMARY U m
Date: _ qp roc oR a°°
Attending Applicant: kSGti I Address/Phone: (N) 303- 2-
/Z
Cs elimu/) X03- yua- ~zg8
Attending Owner: Address Phone:
Attending Staff: v C_u -i 1, &"r ems) iJ-b
~t4-L4-
Address or SpecifiS~ Site Location: (O ?J5( w , L4 L, 1'
Existing Zoning: /h Existing Comp. Plan-
Applicant/Owner Preliminary Proposal:
/,~~v~ G 'fp
~-j/may( 'Q`LO C v n
kplj2 Lion (s):
* Building Permit Only * Planned Unit Development
* Zone Change * Variance
* Site Plan * ~i'emporary Use Permit
* Minor Subdivision k Conditional Use Permit
* Major Subdivision * Special Use Permit
* Street Vacation * Lot Line Adjustment
Other Relevant Issues:
Planning Depart.
Easements
Setbacks
Use
Height
Zoning
Landscaping
Parking
Signs
Comp Plan
Public Works
Roads/Transportation
Survey Info.
Drainage/Erosion
Control
Flood Plain
Traffic
ROW Vacation
ROW Dedication
Public Improvements
Access
Building Dept.
Soils
Height
Utilities
Fire Access
MEETING SUMMARY AND STAFF RECOMMENDATION(S):
Favorable: Unfavorable:
2
(50 -
R/tt
Planner's Initials: CApplicant's Initials:
*ALTHOUGH STAFF REACTION MAY BE £AVOkABLE AT THE TIME OF PRE-APPLICATION MEETING, THE FINAL RECOMMENDATION
MAY CHANGE DUE TO INFORMATION UNAVAILABLE TO THE STAFF OR APPLICANT AT THE PRE-APPLICATION MEETING.
e:\p1anning\f0rms\preappmt -
GEI Brokers, Inc.
1600 Jackson Street
Suite 150
Golden, CO 80401
Phone: (303) 277-7003, Fax: (303) 277-7004
THIS FORM }JAS IMPORTANT LEGAL CONSEQUENCES AND TIIE PARTIES SHOULD CONSULT LEGAL AND TAX OR OIIIER COUNSEL BEFORE SIGNING
COMMERCIAL
CONTRACT TO BUY AND SELL REAL ESTATE
[NEW LOAN]
February 06 ,1998
1. PARTIES AND PROPERTY.
Compass Montessori School, a Colorado non-profit corporation
buyer(s) [Buyer], (asjEidV4,Utfs / tenants in common) agrees to buy, and the undersigned seller(s) (Seller], agrees to sell, on the terms and
cenditions set forth to this contract, the following described real estate,.in the County of Jefferson
Lot 1, Garramone Gardens, a minor subdivision L- Colorado, to wit
e54 ( .Sc-vz~ ~-[p
knownasNo. 10399 W. 44th Ave Wheat Ridoe Co 80033
Street Address City State
together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thaPeto, all
improvements thereon and all attached fixtures thereon, except as herein excluded (collectively the Property),
2. INCLUSIONS /EXCLUSIONS
The purchase price includes the following items (a) if attached to the Property on the date of
this contract lighting, heating, plumbing, ventilating, and air conditioning fixtures, TV antennas, water softeners, smoke/fire/burglar alarms
security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen
appliances, sprinkler systems and controls; (b) if on the Property whether attached or not on the date of this contract stone windows, stomt doors,
window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, all keys and (c)
n /a
The above-described included items (Inclusions) are to be conveyed to Buyer by Seller by bill of sale at the closing, free and clear of all tapes,
liens and encumbrances, except as provided in Section 12. The following attached fixtures are excluded from this sale:
See attached Additional Provisions
3. PURCHASE PRICE AND TERMS. The purchase price shall be $ 379 000. 00
follows: (Complete the applicable terms below.) payable in U.S. dollars by Buyer as
(a) Earnest Money
$ _ 15,000.00 intheformof personal checks , as earnest money deposit and part purchase price, payable
to and held Title Com an payment of the urchase rice,
in its trust account on behalf of both Seller and Buyer. Broker is authorized to deliver the earnest money deposit to the closing bagctit,
if any, at or before closing.
The balance of $ 364, 000 00 (purchase price less earnest money) shall be paid as follows:
(b) Cash at Closing
S _ 85,000.00 plus closing costs, to be paid by Buyer at closing in finds which comply with all applicable Colorado laws, which
include cash, electronic transfer funds, certified check, savings and loan tellers check, and cashier's check (Good Funds). Subject to the prosisions
of Section 4, if the existing loan balance at the time of closing shall be different from the loan balance in Section 3, the adjustment shall be made
in Good Funds at closing or paid as follows:
This contract is conditinal upon Buyer obtaining an $80,000 second mortage from
.°lehatd "a-s-~ar~amene ss-iist-ems in the Additional Provisions attached hereto.
Buyer's broker will to donate the
value of the commission to Buyer at closing, as g, a part of the Cash at Closing. i
(c) New Loan
$ 279 , 000 00 by Buyer obtaining a nnew loan This loan will be secured by a ( 1st, 2nd, etc.) first
The Loan shall be amortized over a period of 15 deed of test.
years at approximately $ 2998 00 per month including principal
and interest net to exceed 10 /o per annum, plus, if required by Buyers lender, a monthly deposit of 1/12 of the estimated mutual
real estate taxes, property insurance premium, and mortgage insurance premium. If the loan is an adjustable interest rate or gmdumcJ
payment loan, the monthly payments and interest rate initially shall net exceed the figures set forth above.
Loan discount points, if any, shall be paid to lender at closing and shall not exceed % of the total loan amount Notwithsmndw ,
the loan's interest rate, the first 0 loan distant points shall be paid by n a
and the balance, if any, shall be paid by n/a
Buyer shall timely pay a loan origination fee not to exceed one % of the loan amount and Buyers loan costs.
(d) Assumption [OMITTED -INAPPLICABLE]
(e) Seller or Private Third-Party Financing. [OMITTED - INAPPLICABLE]
4. FINANCING CONDITIONS AND OBLIGATIONS.
re9 r nee v....n-1:....,., 11 1
.
JAN.-20'98(TUE) 11:41 GOLDEN EQUITIES
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JAN 20 '98 11:43 303 277 7004 PAGE.002
Council Bill 216 was introduced by Mr. Davis on second reading; title
read by the Clerk. Ordinance No. 646 assigned. Mr. Gidley presented
the case. Mr. Garramone was present and sworn in by the Mayor and gave
his reasons for wanting the rezoning. Motion by Mr. Davis for approval
with cinditions agreed upon by City and applicant; seconded by Mr.
Johnson; ce-cied 8-0.
B. An Application by Richard Garramone for the ap,.)roval of a
consolidation plat for property located at the northwest corner
of West 44th Avenue and Miller Street.
(Case No. MS-65-85)
Motion by Mr. Davis for approval; seconded by Mr. West; car^ied B-0.
item 3. Council Bill 220 - An Ordinance amending the Code of Laws of
the City of Wheat Ridge by adding Chapter 19 relating to
Satellite Signal Receiving Earth Stations.
(To be continued to January 13, 1985 at the request of the Cit7
Attorney)
Council Bill 220 was introduced by Mr. Flasco on second reading; title
read by the Clerk. Motion by Mr. Merkl to continue until January 13,
1986; seconded by Mr. West; carried 7-1 with Mr. Flasco voting No.
Item 4. An Emergency Ordinance imposing a Moratorium upon the Issuance
of Building Permits and the approval of certain land use
applications witUn the City of Wheat Ridge based upon the
emergency found :,y the City Council and specified herein
Mr. Gidley explained the Emergency Ordinance. Sworn in by the Mayor
were: Ral h Man one, 2781 Berry Lane, Golden, who addressed his
concerns; eels emergency ordinance was instrumented to block rezoning
ordinance (Item 5). Janice Thompson, 12290 W. 42nd Ave., who supports
the moratorium; stated study was not completed; felt Council should
study all options for the good of the neighborhood. Jim Huff, 7125 W.
80th Place, who owns property in area and stated his han s are tied for
development of his property. Discussion followed. Motion by Mr. Davis to
take Item 5 first, and continue it until January 13, 1986 after the
January Study Session, and to eliminate the Emergency Ordinance;
seconded by Mr. Merkl. Mrs. Keller stated she would be voting No,
because she is concerned about everyone else who may come in for a
permit in that area. Motion carried 6-2 with Mrs. Keller and Mrs. Worth
voting No.
OFFICIAL
ZONING MAC'
WHEAT RIDGE
GOLORADO
MAP ADOPTED: June 15, 1994
Last Revision: September 4, 1998
I -
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® AREA REQUIRING SITE PLAN APPROVAL
r 100-YEAR FLOOD PLAIN
L .-_J (APPROXIMATE LOGATION)
ZONE DISTRICT BOUNDRY
- PARCEL/LOT BOUNDRY
(DESIGNATES OWNERSHIP)
- - - - WATER FEATURE
0 DENOTES MULTIPLE ADDRESSES
NE 21
o m fro 3co 3m aao
SCALE 1•=400
DEPARTMEM OF RNJM% MD DEVELF11 V1' - 05-=
CITY OF WHEAT RIDGE
PLANNING AND DEVELOPMENT DEPARTMENT
INVOICE
NAME Compass Montessori School DATE:
CASE NO.
6-10-99
FEE TYPE
FEE
CHARGE
ACCOUNT
NUMBER
Application Submittal
See Fee Schedule
$240
01-550-01-551
Publications/Notices
See Fee Schedule.
01-550-02-551
24" x 36" Blue Line
$ 5.00
01-550-04-551
24" x 36" Mylar Copy
$ 6.00
01-550-04-551
Single Zoning Map
$ 2.00
01-550-04-551
Set of Zoning Maps
$20.00
01-550-04-551
11" x 17" Color Map
$ 5.00
01-550-04-551
Comp. Plan Maps
$ 5.00 ea.
01-550-04-551
Comp. Plan Book w/Map
$25.00
01-550-04-551
Fruitdale Valley Master Plan
$ 2.50
01-550-04-551
Subdivision Regulations
$ 4.50
01-550-04-551
Zoning Ordinance
$15.00 (does not
include annual updates)
01-550-04-551
Copies
$.25/page
01-550-04-551
Copy of Meeting Tapes
$25.00/tape
01-550-04-551
Miscellaneous:
01-550-04-551
TOTAL COST:
$240
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