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HomeMy WebLinkAboutSUP-09-03City of Wheatldge - COMMUN]TY DEVELOPMENT City of Wheat Ridge Municipal Building March 1, 2010 Steve Gay 15400 W. 64th Ave., 4117 Arvada, CO 80007 Dear Steve: 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of February 22, 2010, City Council DENIED Case No. SUP-09-03, a request for a special use permit to allow a day care for up to 60 children as an ancillary use to a church in a Residential-One (R-1) Zone District. Enclosed is a copy of the minutes stating the Council's decision. Should you decide to appeal the decision of City Council, you will need to file the appeal with the Jefferson County district court within 30 days of Council's decision. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy Fie rd Administrative Assistant Enclosure: Draft Minutes cc: Wellspring Bible Church 3010 Newland St. Wheat Ridge, CO 80214 SUP-09-03 (case file) SUP0903.doc www.ci.wheatridge.co.us CITY COUNCIL MINUTES: February22, 2010 Page -2- D. Resolution 11-2010 - amending the Fiscal Year 2010 General Fund Budget to reflect the approval of a supplemental budget appropriation for additional Contract Building Inspections related to damage from the July 20, 2009 storm to Code Consultants International in the amount of $20,000. Consent Agenda was introduced and read by Mrs. Langworthy. Motion by Mrs. Langworthy for approval of the Consent Agenda; seconded by Mr. Stites; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution 13-2010 - considering a Special Use Permit to allow a Day Care for up to 60 children as an ancillary use to a church in a Residential-One (R-1) Zone District. (SUP-09-03 - Wellspring Bible Church) Mayor DiTullio opened the public hearing. Resolution 13-2010 was introduced by Mr. Reinhart. Ken Johnstone presented the staff report (PowerPoint amended to this packet) Steve Gay, pastor of the Wellspring Bible Church, spoke to the church's desire to provide cost-effective care at a discount cost. The previous childcare program provided care to homeless families, which, admittedly, was detrimental to the community. This kind of impact will be minimal with this new program. He believes bringing these services to the neighborhood will positively affect home values by providing a service that is badly needed today and more-so as more new families move to the area. Mr. Gay shared their plan to mitigate all the potential impacts to the neighborhood, including traffic patterns, parking, noise, and vandalism. Kelly Hagen is director of the Child Care services program being proposed. She believes many child-care facilities have shut down, further inconveniencing families needing these services. Many families will not be able to obtain community funded childcare services due to public funding cut-backs. By offering lower child/teacher ratios than is the standard in the industry many new families moving to Wheat Ridge will benefit from quality child care through this program. Jane Jones owns property adjacent to the church property and opposes this proposal because of the potential traffic and noise impacts. Michael Cory also lives near the church and opposes this proposed use because the level of traffic it will create is not conducive to a quality environment in the neighborhood. Erica Harvey opposes the childcare facility because of the potential parking, traffic, noise and crime impacts. Kevin Bryan lives next door to the church. He has concerns in that the group that occupied the building previously caused some roof damages that were never fixed. When the previous CITY COUNCIL MINUTES: February22, 2010 Page -3- day-care was there, the kids would climb over the fence from the church property into his, where he has a dog. He is concerned that there may be liability issues to him. He also has concerns for the traffic levels - on Sunday speeding cars visiting the church are already a problem. Nat Hagerman believes there may have been dumping of toxic chemicals by previous users of adjacent properties. He believes that, for the sake of public safety, the property should be inspected before being used for children. Mayor DiTullio closed the public hearing. Motion by Mr. Reinhart to approve case number SUP-09-03, a special use permit application requesting approval of a daycare center, approving that daycare center for up to 30 children, thereby satisfying three of the seven objections specified in the Staff report; seconded by Ms. Berry; failed 3-5 with Council Members Berry, Adams and Reinhart voting Yes. Motion by Mrs. Sang to adopt Resolution 13-2010, Case No. SUP-09-03, denying a Special Use Permit application, for the following reasons: 1. The applicant is requesting a child care facility that is not associated or ancillary to the church use. 2. Stand alone daycare centers in any residential zone district are prohibited by City Code. 3. The special use may create adverse impacts greater than allowed under existing zoning for the property. 4. There could be a significant impact to adjacent property owners. 5. The request may negatively impact the character and residential nature of the neighborhood. 6. The request compromises the safety and convenience of the people in the area already using the adjacent streets due to an increase of vehicle trips per day on local streets. 7. The request will increase the intensity of the use on the property as the church currently is unused during the day. 8. There were objections regarding the request during the 10-day posting period; Seconded by Mr. Stites; carried 5-3 with Council Members Berry, Adams and Reinhart voting No. ORDINANCES ON FIRST READING Council Bill 03-2010 -An Ordinance extending the Moratorium enacted by Section 2 of Ordinance 1453, Series 2009, on the submission, acceptance, processing, and approval of any application for a City of Wheat Ridge Permit or License related to the operation of a business or cooperative that sells or cultivates Medical Marijuana pursuant to the Authority granted by Article XVIII, Section 14, of the Colorado Constitution. Council Bill 03-2010 was introduced on first reading by Mrs. Jay. Motion by Mrs. Jay to approve Council Bill 03-2010 on first reading, order it published, public hearing set for Monday, March 8, 2010 at 7:00 p.m. in the City Council Chambers, and that it take effect upon adoption; seconded by Mrs. Sang; carried 7-1 with Mr. DeMott voting No. City of Wheat lkijge 0- C, C~V 'Xc ITEM NO: a DATE: February 22, 2010 REQUEST FOR CITY COUNCIL ACTION Y j.~` p{ 'y PA°~ 0(3(0 TITLE: COUNCIL RESOLUTION NO. 13-2010 - A RESOLUTION CONSIDERING A SPECIAL USE PERMIT TO ALLOW A DAYCARE FOR UP TO 60 CHILDREN AS AN ANCILLARY USE TO A CHURCH IN A RESIDENTIAL-ONE (R-1) ZONE DISTRICT ® PUBLIC HEARING ❑ ORDINANCES FOR 11T READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ® RESOLUTIONS QUASI-JUDICIAL: j ® YES ❑ NO g `''1~' City Ma er ISSUE: Wellspring Bible Church located at 3010 Newland St. is requesting approval of a daycare center that is not associated with the church to be located within the current building on the property. The daycare is proposed to have up to 60 children when it is at full capacity. The property is zoned R-1 and churches are allowed through approval of a special use permit, pursuant to code section 26-114. Expansions or significant modifications to churches in this zoning district require consideration as a special use permit. Special use permit applications begin as an administratively reviewed land use application. If objections are received during the public comment period, a public hearing before City Council is required. City Council can approve, approve with conditions, or deny the application, based on consideration of evidence presented at the public hearing and with due consideration of the criteria for review. Objections to the application have been received and are attached to the council action form. PRIOR ACTION: There has been no prior action on this request as it began as an administrative process and has been forwarded to City Council as the result of neighborhood objections. The church existed prior to the City establishing the zoning requirement for churches to be approved through the special use permit process. An unrelated land use case was processed for this property and V1 iP_!10_01/Wnllenrina Rihla PhE'r'h Council Action Form February 22, 2010 Page 2 approved administratively in March of 2008. That request was for a special use permit to construct an addition to the gymnasium building for a caretaker's apartment. The property owner has not to date constructed the improvements approved through that administrative special use permit. FINANCIAL IMPACT: Since a daycare is a service, the City of Wheat Ridge does not receive any sales tax from the use. One time fees for the special use permit were submitted with the application. Property Description: The property is 52,658 square feet or 1.21 acres in size and is a corner lot with Newland St. on the west and W. 30"' Ave on the south. There are two existing buildings on the site. The primary structure is located on the northwest corner of the property. It is a two- story, concrete block and brick building. This structure contains the sanctuary for the church along with meeting/class rooms, offices, and other space used by the congregation. The structure is approximately 13,928 square feet on two stories with each story having 6,964 square feet. The second structure on the property is located to the east of the primary structure. This building is used as the gymnasium and fellowship hall for the church. This structure has a footprint of 4,467 square feet. Code Analysis: The applicants are proposing to open a daycare center not associated with the church within the primary structure on the lot. The daycare would be open to the general public, as a business endeavor. Section 26-604 of the code of laws establishes the list of permitted and special uses. Uses not listed in the table are not permitted. In residential zone districts, limited "home day care" is allowed with approval of a special use. "Day care centers", as being proposed here, are not permitted. "Day care centers" are generally allowed in commercial zoning districts. The table of permitted uses in residential zone districts also includes a section discussing "accessory uses in residential zone districts". There is a note regarding churches, which states that day care centers are allowed as an ancillary use to the church. Staff is interpreting this provision to mean that a church can have a day care operation that supports their parishioners, in the course of attending other functions at the church. The basis for that determination is the fact that "day care centers" as a stand alone use are specifically not allowed in residential zone districts. An alternative interpretation of the code language could allow a church to operate a day care center that is open to the public by reading the language regarding accessory uses in a broader manner. Based on the two manners in which this language can be interpreted, staff has allowed the applicant to apply for and be considered through the special use permit review process. Operational Description: The proposed daycare is proposed to offer services to infant through school aged children and as a result, some interior modifications may be required depending on the current building codes and the regulations that are required by the State of Colorado, Department of Human Services. The day care will operate five or six classrooms in the building with approximately 10 children in each room, to a maximum of 60 children. Each room would Council Action Form February 22, 2010 Page 3 be set up for different age groups. In order to meet the state requirements of children per teacher ratio and room size a staff of five to seven persons will be required. Substantial impacts may be created by the proposed use, greater than what is currently allowed. The current zoning on the property and the zoning of the surrounding properties allow for single and two family residential structures. Daycare facilities are allowed in homes in the residential zone districts but have a limit of up to 12 children approved as a special use. Churches on the other hand are allowed only by special use and daycare centers are not allowed at all in the residential zone district. While the church may have a fairly substantial impact on the neighborhood once a week, it generally creates less of an impact throughout the week than what would be created by a daycare center. With up to 60 children a day there is the potential of having an additional 120 vehicle trips per day on the neighborhood streets that were not there before. RECOMMENDATIONS: Staff has concluded that the proposed request for a daycare center for up to 60 children in a residential zone district could have a substantial impact to the surrounding neighborhood. As discussed previously, staff believes that the intent of the code, is not to allow "day care centers" such as this in residential zone districts. In the event City Council determines that this type of day care center could be allowed in this residential zone district as an accessory to a church use, it would be considered an expansion of a special use requiring review and approval by City Council after conducting a public hearing. City Council would need to find the application to be substantially compliant with the special use criteria. Staff has provided an analysis of the special use criteria in the attached staff report. Staff is recommending denial of the special use for the following reasons: 1. The applicant is requesting a child care facility that is not associated or ancillary to the church use. 2. Stand-alone daycare centers in any residential zone district are prohibited by City Code. 3. The special use may create adverse impacts greater than allowed under existing zoning for the property. 4. There could be a significant impact to adjacent property owners. 5. The request may negatively impact the character and residential nature of the neighborhood. 6. The request compromises the safety and convenience of the people in the area already using the adjacent streets due to an increase of vehicle trips per day on local streets. 7. The request will increase the intensity of the use on the property as the church currently is unused during the day. 8. There were objections regarding the request during the 10-day posting period. RECOMMENDED MOTION: "I move to adopt Council Resolution No.13-2010, case number SUP-09-03, a resolution denying a special use permit application requesting approval of a daycare center for up to 60 children for the following reasons: Council Action Form February 22, 2010 Page 4 1. The applicant is requesting a child care facility that is not associated or ancillary to the church use. 2. Stand alone daycare centers in any residential zone district are prohibited by City Code. 3. The special use may create adverse impacts greater than allowed under existing zoning for the property. 4. There could be a significant impact to adjacent property owners. 5. The request may negatively impact the character and residential nature of the neighborhood. 6. The request compromises the safety and convenience of the people in the area already using the adjacent streets due to an increase of vehicle trips per day on local streets. 7. The request will increase the intensity of the use on the property as the church currently is unused during the day. 8. There were objections regarding the request during the 10-day posting period." Or, "I move to approve case number SUP-09-03, approving a special use permit to allow a daycare for up to 60 children as an ancillary use to a church in a residential-one (R-1) zone district for the following reasons: and direct staff to prepare findings of approval to be considered at the next available City Council meeting." REPORT PREPARED BY: Adam Tietz, Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Resolution No. 13-2010 2. Staff Report with Exhibits CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 13 Series of 2010 TITLE: A RESOLUTION DENYING A SPECIAL USE PERMIT TO ALLOW A DAYCARE FOR UP TO 60 CHILDREN AS AN ANCILLARY USE TO A CHURCH IN A RESIDENTIAL-ONE (R-1) ZONE DISTRICT - SUP 09-03 - WELLSPRING BIBLE CHURCH WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Special Use Permits; and WHEREAS, an application for a Special Use Permit has been received from Steve Gay and Kelly Hagan for approval a daycare center at property located at 3010 Newland Street and zoned residential-one (R-1); and WHEREAS, the request for the Special Use Permit began as an administrative process which registered 4 written objections during the 10-day posting and notification period; and WHEREAS, the Community Development Director denied an administrative decision for the application pursuant to Chapter 26, Section 114(E); and WHEREAS, the request has been forwarded to City Council to be heard at a public hearing; and WHEREAS, notice of the City Council public hearing was properly published in the Wheat Ridge Transcript on February 4, 2010. 1 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A SPECIAL USE PERMIT TO ALLOW A DAYCARE FOR UP TO 60 CHILDREN AS AN ANCILLARY USE TO A CHURCH IN A RESIDENTIAL-ONE (R-1) ZONE DISTRICT IS HEREBY DENIED, FOR THE FOLLOWING REASONS 1. The applicant is requesting a child care facility that is not associated or ancillary to the church use. 2. Stand alone daycare centers in any residential zone district are prohibited by City Code. 3. The special use would create adverse impacts greater than allowed under existing zoning for the property. 4. There would be a significant impact to adjacent property owners. 5. The request would negatively impact the character and residential nature of the neighborhood. 6. The request compromises the safety and convenience of the people in the area already using the adjacent streets due to an increase of vehicle trips per day on local streets. 7. The request will increase the intensity of the use on the property as the church currently is unused during the day. ATTACHMENT 1 8. There were objections regarding the request during the 10-day posting period. DONE AND RESOLVED THIS 22nd day of February 2010. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk City of /Wheat~idge TO: CASE NO. & NAME: ACTION REQUESTED: City Council CASE MANAGER: Adam Tietz SUP-09-03/Wellspring Bible Church DATE: February 8, 2010 Approval of Special Use Permit to allow a daycare center as ancillary use to a church for up to 60 children in an R-1 zone district. LOCATION OF REQUEST: 3010 Newland St. APPLICANT (S): OWNER (S): APPROXIMATE AREA: Steve Gay, Church Pastor Kelly Hagan, Daycare Center Director Wellspring Bible Church 52,658 square feet (1.21 acres) PRESENT ZONING: PRESENT LAND USE: R-1, Residential One Church and Gymnasium COMPREHENSIVE PLAN: Established Neighborhood ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE O SUBDIVISION REGULATIONS Location Ma Site Case No. SU. (X) DIGITAL PRESENTATION (X) CAS FILE CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT (dv ~11 I~~,.hl1C h~F v ('V11 1 ATTACHMENT 2 All notification and posting requirements have been met; therefore, an administrative decision may be made. 1. REQUEST Case No. SUP-09-03 is an application by Steve Gay and Kelly Hagan requesting approval of a Special Use Permit to allow an expansion of a use by a church to allow for a large, child daycare facility on property zoned R-1 located at 3010 Newland St. The R-1 zone district allows for churches and their ancillary uses that operate within the church as special uses. Pursuant to Ordinance No. 1291, the Community Development Director has the ability to decide upon applications for administrative special use approval, without a public hearing, provided the following conditions have been met: 1. A completed application package has been submitted and fee paid. 2. The Community Development Department has notified adjacent property owners by letter and the site has been posted for at least ten (10) days. 3. No written objections have been received in such ten day period. 4. The Community Development Director concludes that the criteria for approval, as set forth below, are substantially complied with and support the request. Should the Community Development Director find that any of the preceding conditions are not met; the request shall be forwarded to City Council for their review and a decision on the request at a public hearing. The noticing for this special use has resulted in four letters of objection from surrounding property owners, (Exhibits 1- 4, Letters of Objection) to which the Community Development Director has scheduled it to be heard at a City Council public hearing. City Council can impose conditions or stipulations upon the approval, which may include physical design, operational, and maintenance considerations toy ensure compliance with the criteria for review. City Council shall also decide the following: 1. Whether the SUP runs with the land in perpetuity 2. Whether the SUP is personal to the applicant and may or may not be inherited; and/or, 3. Whether the SUP is granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. II. CASE ANALYSIS The property is 52,658 square feet or 1.21 acres in size and is a corner lot with Newland St. on the west and W. 30th Ave on the south. There are two existing buildings on the site. The primary structure is located on the northwest corner of the property (Exhibit 5 and 6, Aerial and Site Photograph). It is a two story, concrete block and brick building. This structure contains the sanctuary for the church along with meeting/class rooms, offices, and other space used by the congregation. The structure is approximately 13,928 square feet on two stories with each story having 6,964 square feet. The second structure on the property is located to the east of the primary structure. This building is used as the gymnasium and fellowship hall for the church. This structure has a footprint of 4,467 square feet. There is a large gravel parking lot that surrounds the church. Since the lot is gravel and cannot be striped it is unknown how many parking spots are actually accommodated on the site. Typically, parking assigned for a church based on the seating occupancy of the sanctuary. Any ancillary uses do not require additional parking as Case No. SUP-09-03/ Wellspring Bible Church they typically can be accommodated in the parking that is provided and because the parking is only needed during "off-hour" operations. The lot on which the structures are located is long, narrow and irregularly shaped. The lot also slopes from west to east. At one point the home directly to the southeast side of property was the parsonage for this church but a new lot was created for the home through a subdivision and the home was sold off from the church property. The "arm" that extends from the lot with the home had to be included in the subdivision plat as the tap for the home's water is in this location. Both the church and the home are zoned R-1 in neighborhood that is primarily zoned R-2 with single family homes. Churches are only allowed through the Special Use Permit process in all residential zone districts. Special uses are discretionary uses which, if properly designed, developed, operated and maintained, should have little to no effect on the property or area of the request. The primary issues related to the impacts of Special Uses are those related to the design and operations which may have potential detrimental impacts on surrounding land uses, the street system, or public services or facilities because the church is expanding their operation to allow a daycare, a special use permit is required. The church has one weekly service and a subsequent educational/Bible study hour following. On any given Sunday the church will have up to 200 people in attendance. This number typically includes up to 70 children that are in attendance for Sunday School. The traffic and parking created by Sunday services may have significant impacts on the surrounding neighborhood but are fairly localized to a time and location. In addition to the Sunday service and Bible study hour, the church has other happenings during the week that include Bible studies, scout meetings, church group meetings, and other meetings associated with the church. However, the building is not as used by as many people and its use spread over time and therefore may eliminate some parking and traffic concerns. The applicants are proposing to run a daycare center not associated with the church from the main structure on the lot (Exhibit 7, Applicant request). This use may or may not be ancillary to the church use. If it is not ancillary to the church use that is used for children while their parents attend church services stand alone daycare centers are not allowed in residential zone districts. In-home daycares are the only type of daycare allowed in residential zone districts. However they are limited to a maximum of 12 children The daycare will offer services to infant through school aged children and as a result, some interior modifications may be required depending on the current building codes and the regulations that are required by the State of Colorado, Department of Human Services, the department that regulates daycares. The day care will operate out of 5-6 classrooms in the building with approximately 10 children in each room to have a maximum of 60 children. Each room will be set up for different age groups. In order to meet the state requirements of children per teacher ratio and room size there will be required to be a staff of 5-7 people. The applicants have indicated that there has previously been a daycare run from this location that accommodated up to 90 children. Upon inspection of building permits, business licenses, and land use cases, other than a sign permit, there was no other record of the daycare. No exterior modifications to either of the buildings are proposed as a part of this request (Exhibit 8, Site Plan). However, two outdoor areas will be used for play/recreation areas for the children. One area is located directly to the east of the building which houses the gymnasium (Exhibit 9, Site Photos). The second area is located between the gymnasium building and main structure and then extends to west between the northern side of the building and the northern property line (Exhibit 10, Site Photos). Currently there are no play structures located in either of these areas and it is unknown if any are proposed. The areas immediately adjacent to the two play areas do have single family residential units on them. The homes would be within 50-60 feet of where the play areas would be located. Case No. SUP-09-03/ Wellspring Bible Church III. SPECIAL USE PERMIT CRITERIA Staff has the following criteria to evaluate special use permit requests and shall determine that the majority of the "criteria for review" listed in Section 26-114.13 of the City Code have been met. The applicant has provided their analysis of the applications compliance with the variance criteria (Exhibit 11). Staff provides the following review and analysis of the special use criteria: 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The proposed special use will not affect the health or welfare of any person working or residing in the area. However, both the safety and convenience of people living and working in the area may be compromised. The surrounding uses are residential in nature and there is nothing in the proposed request that would change or alter the health or welfare of people in the area. The introduction of a daycare could increase traffic and congestion on the streets of an area that have very little traffic. With a day care that operates 5 days a week there would be a much greater impact on the streets then there is with one Sunday service. With up to 60 children a day there is the potential of having an additional 120 vehicle trips per day on the neighborhood streets that were not there before. The introduction of this many vehicle trips in an otherwise residential neighborhood could hinder the convenience and decrease the safety on the streets. Staff finds this criterion has not been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational charagteristics. The property is developed and currently does not contribute to blight in the neighborhood. There will be no proposed exterior modifications to either of the buildings on the property or to the site that would contribute to the creation of blight. The proposed use will likely result in the decrease of any blight that might take place on the property as the addition will be used by a person who will maintain and keep up the property. Staff finds this criterion has been met. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. Substantial impacts may be created by the proposed use than what is currently allowed. The current zoning on the property and the zoning of the surrounding properties allow for single and two family residential structures. Daycares are allowed in homes in the residential zone districts but have a limit of up to 12 children approved as a special use. Churches on the other hand are allowed only by special use and daycare centers are not allowed at all in the residential zone i district. While the church may have a fairly substantial impact on the neighborhood once a week, it creates less of an impact throughout the week then what would be created by a daycare center. Case No. SUP-09-03/ Wellspring Bible Church 4 In addition to increased traffic, noise could also have a fairly significant impact on the neighbors that are immediately adjacent to where the play areas will be located. Staff finds this criterion has not been met. 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The use could create undue traffic congestion and hazards. The average daily trips generated from the expansion will be significantly more trips then those generated from a church that is currently essentially unused during a typical weekday. Staff finds this criterion has not been met. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. The property is currently fully developed and with no buildings being proposed therefore the light and air to surrounding properties will not be affected by the request. The amount of impervious surfaces is not being increased and no grading will be done so site drainage will also remain the same. However, the adjacent properties, especially those to the north could experience an impact from the proposed special use. Noise coming from the property could significantly increase to the point where it becomes a hindrance to those adjacent property owners. If the play areas were not directly adjacent to residential units the impacts would not be as great. Staff finds this criterion has not been met. 6. The special use will not over burden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. Parks and schools will not be negatively impacted. Other utility agencies are already serving the property and should see no increase in usage. Any improvements required by the utility companies must be completed during the building permit process. The existing network of streets has the ability to handle the capacity of the existing low volume traffic generated by the uses in the neighborhood. Even with an increase of traffic generated by this use streets should still have the ability to handle the traffic without overburdening the facilities. Staff finds this criterion has been met. 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. The applicant and the property have no history of code violations. Case No. SUP-09-03/ Wellspring Bible Church Staff finds this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. There are no new buildings or additions being added to the property as a part of this request. Should the applicant propose a new addition at a later time, it will be required to be in conformance with the Architectural and Site Design Manual. Any new addition is required to be reviewed and approved by the Architectural Review Committee. A new Special Use Permit would also be required. Staff finds this criterion is not applicable. IV. NEIGHBORHOOD METING Prior to submittal of an application for a special use, the applicant is required to hold a neighborhood meeting in accordance with the requirements set in City Code, Section 26-109A. A meeting for neighborhood input was held on December 8, 2009 in accordance with Section 26-109A. There was one attendee in addition to the applicant and staff (Exhibit 12, Neighborhood Meeting Minutes). V. AGENCY REFERRAL Due to the nature of the request there the request was put on a limited referral. Of the agencies on referral two provided the following responses: Public Works: No concerns or comments regarding the request. Wheat Ridge Fire: Interior modifications may be required to address the potential change in use All other responding agencies have indicated they have no issues with the expansion and that they have the ability to serve the property. VI. ADDITIONAL INFORMATION The applicant has received and submitted 6 letters of support from surrounding property owners. They are attached as (Exhibits 13). VII. STAFF RECOMMENDATIONS/FINDINGS OF FACT Having found the application for Case No. SUP 09-03/Wellspring Bible Church, Approval of Special Use Permit to allow a daycare center as ancillary use to a church for up to 60 children in an R-1 zone district, to be not in compliance with the majority of the applicable review criteria, therefore, staff recommends DENIAL of the special use request. Staff recommends DENIAL for the following findings of fact: 1. The applicant is requesting a child care facility that is not associated or ancillary to the church use. 2. Stand alone daycare centers in any residential zone district are prohibited by City Code. Case No. SUP-09-03/ Wellspring Bible Church 3. The special use may create adverse impacts greater than allowed under existing zoning for the property. 4. There could be a significant impact to adjacent property owners. 5. The request may negatively impact the character and residential nature of the neighborhood. 6. The request compromise the safety and convenience of the people in the area already using the adjacent streets due to an increase of vehicle trips per day on local streets. 7. The request will increase the intensity of the use on the property as the church currently is unused during the day. 8. There were objections regarding the request during the 10-day posting period. Case No. SUP-09-03/ Wellspring Bible Church 7 0 bjeWOD1 Speual Use Peml¢ Caw# SUP-09-03.htm 219110 8:99 AM Flom: Kurt Snyder [kurtsn y@yaboo.com] Sent: Tuesday, January 19, 2010 4:11 PM To: Adam Tietz Subject: Special Use Pennit Case# SUP-09-03 Adam Thank you for returning my call. I'm writing to you regarding an SUP for a daycare center to be located at 3010 Newland Street. I am definitely not in favor ofthe noise, traffic, and reduced property value that a daycare center would bring. The Grace folks had a daycare at the site in the 1997 and it was traffic , noise and problems then. The addition of daycare to the worship services would rn can the site could potentially be active 7 days a week. There are other options in the vicinity for daycare. I'll Drop a copy ofthis off at the City offices before Friday. Thanks, Kurt Snyder 6530 West30thAve, 303.233.6341 MHM F~ H 5 w file://NlSUP's SUP-09-03%20Wellsrying%200ible%20C hUetGk203010%-Stp bjeNan1%20Spacial%20USe%20PemiM 20C ase%23%20SUP-09-0lh[m Page loFI CERTIFIED MAIL January 21, 2010 Subject: Case No. SUP-09-03 Tc }v Adam Tiellanner City of Wheat Ridge Community Development City of Wheat Ridge Municipal Building 7500 W. 29th Avenue Wheat Ridge, CO 80033-8001 Dear Mr. Tiel-, I have just heard aboutthis case, Case No. SUP-09-03, from my next-door neighbor this evening. I do not believe that we were notified of this possible upcoming change in our neighborhood. Our home is located less than 200 feet from the location where the childcare center is being planned. N 1, Heather VanDeburgh, and my husband, Benjamin VanDeburgh, are not comfortable with this change in our neighborhood. We have just started our family M E and we enjoy our neighborhood, as it is, quiet and for the most part peaceful. We MM F~~1 would not like to see the traffic caused by the childcare center on our street. Our son is 2 years old and dearly enjoys riding his bike down the street to the park. I ~j can't imagine what traffic would be like when there is 60 children being dropped off F ~I and picked up from the proposed 5hild care center. Even though there are two th d I ry r , +1 speed bumps between 29 Avenue and 32n Avenue on Newland Street, cars still fly I by. Also the lighting on our street is very limited. Please take into consideration our concerns for this possible upcoming event. If you have any questions, please do not hesitate to call my husband or myself at (303) 202-3677. Thank you for your consideration, Heather VanDeburgh Benjamin VanDeburgh 2998 Newland Street Wheat Ridge, CO 80214 Adam Tie+z- Wheat Ridge City Planner Re: Permit for day care at 3010 Newland St. Case # SUP-09-03 Glenn Baaso 3000 Newland St. Wheat Ridge, CO 80214 CONCERNS: There have been day care centers at the church in the past. As a result of high traffic in the neighborhood we have had a lot of car vandalism. That has died down without a day care at the church. We also have had people park in front of our house blocking our driveway. The area is littered with trash that we have to pick up. With 60 kids in day care there would be too much traffic for this small quite M neighborhood. Also there is a big mean violet dog at the house behind us that jumps on our fence trying to attack. We have had to prop up the fence because of the dog. It barks a lot during the day, and with 60 kids making noise, it would surely bark even more. If that dog got out it could kill a child easily. We would like to keep our neighborhood as peaceful, quite and safe. This is an old neighborhood and older people live in the area. This is no place for a large child care center. W Thank you, Glenn Baaso From: Noah <noah.kaufinan(a gmail.com> Date: Tue, Jan 19, 2010 at 10:14 AM Subject: SUP-09-03 Comments To: Khberry26(:a]hotmail com, davisbreinhartCwcomcast net Hello Concilmembers Berry and Reinhart: As a resident of District I, I'm writing this e-mail to express my concerns about SUP-09- 03, which is for a day care facility/business to be housed in the church that sits directly across the street from my home (6550 W 30th Ave). Generally speaking, I believe the church does an adequate job at regulating traffic and parking though currently its only of concern on Sundays. While adding a daycare facility will not likely have an impact on parking, it will potentially add twice-daily surges of traffic through what are normally quiet neighborhood streets with little thru-traffic. I can easily picture a scenario where numerous parents are sitting in their idling cars waiting to drop-off or pickup their kids from the daycare center, further detracting from the current character of the neighborhood. To be frank, there's a reason this area is zoned R-1 and R-1C and its certainly not so a church or any other entity can run a business. If the church were located on one of main thoroughfares such as 29th Ave. or 32nd Ave. then it would make perfect sense to run a daycare facility, however this is a residential area and the expectation is that business are located in other zones. Now, having said all this, I want to make my position clear. The church is generally a good neighbor and I respect what they hope to accomplish here. If you have any sway over the conditions under which they're allowed to open a daycare facility here's what I ask you insist on: -No more than 30 children to be allowed at the facility for the purposes of daycare. 60 will result in far too much added traffic for the neighborhood -Assurances from the church that they have a system in place such that parents will be able to promptly drop-off and pickup their kids without having to sit around waiting and idling in their cars. If that means hiring someone to direct traffic 2x daily, then so be it. -A 'no idling policy' while waiting to pickup or drop-off children. Last thing anyone needs is a bunch of cars sitting there idling and polluting the air. -No honking. In this age of cell phones, PC's, the Internet, GPS, etc. there's really no reason to sit in your car and honk to get someone's attention (unless its some sort of emergency). Worst case, get out of the car and walk. So again, if you have any input into the Special Use permitting process, I ask that you please consider what I'm requesting. Thanks for your time. MHM h+H I1 W n r 0 C m I 8i A A O w E-+ W October 9, 2009 To Whom It May Concern, Wellspring Bible Church, Mr. Steve Gay, pastor and Ms. Kelly Hagan, licensed child care director are looking to reestablish a small high quality, secular public child care facility at 3010 Newland Street in the city of Wheat Ridge called Wellspring Learning Center, an Early Childhood Training and Daycare Center. Currently the facility can only be licensed for 12 children due to the R-I zoning permit and we are asking for a Special Use Permit for a larger number of children, Quality child care is a much needed service to working families in the surrounding Wheat Ridge area. We plan to provide a high quality early childhood program that is also affordable to families and open to all the community. Ms. Hagan will be operating the program in collaboration with Wellspring Bible Church. She has over 30 years in the early childhood industry and understands what it takes to provide quality care to children. She is dedicated to excellence in the delivery of this service. The Wellspring Bible Church can easily service the needs of children without any additional expense or changes to the existing facility. The Church already has an enrollment or around 70 children each Sunday, and other children activities during the week are offered. A child care program operated out of the church 7 years ago and the enrollment was around 90 children. This confirms the need, capacity of the facility; neighborhood acceptance and recent studies would show the demographics of the area to have even higher demand. A couple of recent articles in the Denver Post (3/09 and 4/09) reported many significant demographic changes occurring in the Wheat Ridge/Denver area that support our request for providing more child care options. The census information has concluded that an increase in the birth rate for this demographic section of Wheat Ridge has increased by 20% from 2000 to 2007. This census information is directly related to young working families moving into the Wheat Ridge area and eventually looking for quality child care choices for their children. Parents typically want child care close to their home for convenience and our center would be another option to them. Another recent article (10/7/09) in the Denver Post reported tax shortfalls for early childhood education in Colorado are coming. This will mean many low income families will be denied child care assistance dollars because they are simply not available anymore. What will those families do? Our research has found that many child care competitors in the area offer minimal services and their fees are unaffordable to many families. Because of the collaboration with Wellspring Bible Church we will be able to charge affordable tuition and therefore help families in the community with their child care needs. We are also planning on offering child care assistance options and the Church will be sponsoring a scholarship for several students each year. There is a shortage of quality early childhood care in the H ~I w - -7 m C 0 i I CO. a cv u•CR urt~,.%~9+f11b~ so. u 6%tli=Lalr 1 in I ' • - - _ _ g Op"19'46" E . 634.74' . N OO°Y 9."411civ W 7 62_A,2• . r~ o _ O }0.00. f52.4Y m .a , m N ;`tn Gy y w , y ~ r JH > a ~ Z tigo - m A m I Y N F "I I y~ ~I a m n A S I. 0 P i n I . ~t ~ ~•.J ~ Z I t I ~ I N 7' 74 W N m u- (e1~' < z. c o •y e pp Q A N P e O 1 z n mm m 2D~ I d A Quo > mma mZv c .l ii o 5 P I i t v ~ k~ I ' m ~ m l 4 2. Id m I ° ~ n I Y. ° -11 t o ~ n I < I b 0 d , I I , I 2l~.00 25.00. N 60°19'GV E. m 2 m m Q I I i I 1 t ~ Y t 00 I~ W Z0 3E)Vd AVOTIKS 59LEEGcLL8 00:SL 9002/TO/io H w and northern property line looking west and northern property line looking south north C r- Area between main structure Area between main structure Area between buildings looking Area between the two buildings December 14, 2009 To: City of Wheat Ridge Staff: Wellspring Bible Church is proposing a special use permit on the church property located at 3010 Newland Street, Wheat Ridge, CO 80124. We have addressed the following eight criteria and believe they are met, according to the application process. This additional program will not adversely affect the general health, welfare, safety and convenience of persons residing or working in the neighborhood. In fact, implementing the learning program will improve many of these factors, especially in the areas of child care licensing, fire code improvements and health department regulations and expectations. 2. There will be no physical or dramatic operational characteristic changes occurring to the building. The child care program will be offered in a convenient and near by respected facility for families, close to their home. This will not affect or contribute to blight in the neighborhood. In fact it will improve the conditions and options for families in the neighborhood who have struggled in the past with finding affordable, high quality care for their children. 3. The special use will not create adverse impacts than already existing zoning. The church already has a membership of over 150 members each Sunday and there are many events and activities that take place during the week and evenings that currently do not impact the neighborhood. Adding visits of smaller variety at other times should not be detrimental. 4. The small amount of additional traffic will not cause undue congestion or hazards since there is currently more than adequate parking and loading zones on the property. Families will be arriving and departing from the center in vaned increments throughout the day. Families will typically be parked for only a matter of 5-10 minutes during drop off and pick up times. 5. N/A - No external landscaping will be affected with this special use permit. 6. This special use will not impact the streets, parks, schools and services any more than current usage. We are guesstimating that many of the families utilizing our learning facility are already neighborhood residents since it is typical for families to choose a child care close to home. 7. We have historically been in compliance with zoning and city and state requirements and are presently working with keeping it that way. 8. N/A - No architectural designs will be affected with this special use permit. H FBI 5 w Thank you for your consideration in this matter. ~1 City of C Wheatdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING MINUTES Date: December 8, 2009 City Staff Present: Location of meeting: Property address: Property owners: Adam Tietz, Planner Sarah Showalter, Planner Wheat Ridge Municipal Building 7500 West 291h Avenue Wheat Ridge, CO 80033 3010 Newland Street Wheat Ridge, CO 80033 Wellspring Bible Church Property Owner(s) present? Yes N Applicants: Steve Gay, Church Pastor h Ch urc Wellspring Bible 3010 Newland Street Wheat Ridge, CO 80033 Kelly Hagan 6407 South Kline Street x Littleton, Colorado 80127 w Existing Zoning: Residential-One (R-1) Existing Use/site conditions: There is an existing structure on the western portion of the site which houses the sanctuary, education rooms and offices. Another structure of a Quonset but design is located to the east of the sanctuary building. It contains an athletic gymnasium. Attached to the gym are a kitchen and a separate apartment unit. The remainder of the property is a graveled parking lot and landscaped areas. The property is located at the northwest corner of W. 30th Avenue and Newland Street, is 1.2 acres in size and is zoned R-1. The intent of this district is to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. The surrounding properties are low-density residential developed as single and two-family dwellings with R-1 and R-2 zoning. A church in the R-1 zone district is categorized as a "Special Use". Anytime a church plans for an expansion or additional uses that are ancillary to www. ci. wh eatridge. co. us the church, it requires the approval of a Special Use Permit. Applicant's Proposal: The applicant is proposing to add a large child care facility on the site using the existing buildings. The classrooms within the buildings will be utilized to accommodate 48-60 children. In the past the church facility has operated a daycare center that had up to 90 children at it. The following issues were discussed regarding the special use permit use and proposed development: • Other than the applicants and staff, I member of the public was in attendance at this neighborhood meeting. This person has a home in Denver and in the area surrounding the church. • Staff discussed the site, its current zoning, the proposed use and the process that will be required in order to obtain a special use permit. • The applicant, Steve Gay, Pastor of Wellspring Bible Church presented information showing the lack of child care facilities in the area and the need to fill this niche. He provided information on the importance of neighborhood child care facilities and the positive affects that child care centers have on children. • Mr. Gay also noted that there had been a child care facility at the church in the past that provided services for up to 90 children. At the maximum, only 60 are now being proposed which would be less impactive than the previous center. The child care center will not be religiously affiliated and the building will be leased to Ms. Hagan. • The applicants indicated that the day car center will occupy only one of the floors in the existing building and not exterior modifications will be required. They church will make all interior modifications according to the International Building code and other requirements that are put in placed by the state and health departments. Parking will likely be placed on the northeast corner of the site. • Mr. Gay indicated that on any given Sunday there is upwards of 120 adults and 50-60 children who come and leave the church all at one time for worship and bible study. The day care would produce less traffic than a typical Sunday morning and the traffic would be spread throughout the day instead of concentrated to one time. • Kelly Hagan indicated that the daycare would not start with 60 children on opening day. It would start slow and then gradually build up to that number. • The applicants and members of the public were informed of special use permit process and their chance to make comments in the process. The following questions and concerns were voiced by of the members of the public present at the meeting. There is a large Church/School on the corner of W. 29`h Ave and Newland St. Does this facility have a daycare? It is not known if there is a daycare already in operation that is associated with church and school at that location. Based on the applicant's research, there does not appear a day care operating at this location. The traffic on both Newland St and W. 301h Ave will see an increase in traffic as a result of the use. There are no sidewalks surrounding the church. How will kids walking to/from the day care walk safely? Although the day care will be set up to operate for ages up to 12, the majority of children will be pre-school age or younger who are dropped of by parents. The families that choose to utilize the day care with older children will have the option of letting their children walk to/from school or home. Sidewalks are not currently planned to be put in by either the city or the applicant Why doesn't will the city require sidewalks to be put in or construct them for the day care? If the site was being fully reconstructed or was newly developed it would typically require full street improvements to be constructed, which includes sidewalks. In these instances, if the improvements are not constructed then money would be collected from the developer of the site in order to construct the improvements at a later date. Special use permits do not typically activate the necessity to have the improvements constructed or the money set aside. Many of the residential areas throughout the City of Wheat Ridge do not have sidewalks. Although it is the ultimate goal of the City to have sidewalks on all streets, at this time the City does not have the funds to construct sidewalks on the streets that do not have any. Is a church use compliant with the residential zone district? According to the code that was adopted in 2001, churches (and ancillary uses such as daycare) are allowed by a special use permit in any residential zone district. This is not to say the church is non-compliant. This means that uses allowed by a special use permit are typically compatible the zone district that they are in but they require special review in order to ensure that the use does not alter the character of the area or cause the health, safety and welfare of the surrounding residents to be compromised. Prior to the 2001 zoning code update, churches were conditional uses in the residential zone district. Prior to that, they were an allowed use. (On the parcel map) Why does the property to the east have a portion of their lot extending onto beyond what would be their typical property line, onto what would typically the churchesland? The home to the south was originally the parsonage for the church and it was apart of the church property. The church and the parsonage used to be on the same lot. At a later time the home was subdivided into a separate parcel and sold Since the church and home used to be on the same lot the church, the water tap for the home was placed where it was most convenient as it is aI requirement that all homes have separate water taps and be connected to municipal water. When the home was subdivided into a separate parcel the water tap and line that ran to the home were required to be on the same lot as the home. The water tap for the home is located in the landscaped area along W. 30`h Ave. thus resulting in a portion of the lot stemming past what would be its typical boundary. f _ - d n . _ ; - _ C. r I.._ _ _ Denver 1 Diciembre 2009 A QAIEN CORRESPONDA: Nosotros Derek J. Banach y NTelly Banach, con domicilio legal en 2735 Hazel Ct. Denver CO. 80211 Tenemos dos ninos: Jose Daniel Banach (4 afios) Adrian Banach (1 afio) Y nos es de mucha ayuda tener un centro donde puedan cuidar y ensefiar a nuestros ninos mientras nosotros trabajamos Atentamente 4Ny Banach (303) 455-3994 RIIK ENTERPRISES December 7, 2009 Well5pring Bible Church 3,119 Newlpmd St Wheat Ridge, CO 80214-8040 Dear Steve and Members of the board: I was happy to hear of your plats to start a child care facilitY in the Vi flspr g Bible Church building. This is a needed addition to the neighborhood. Since we live just a shot distance from the property it will be very convenient for us to take advantage of the services you intend to offer parking will not be ,ut issue and eve of pick-up and drop off should be accomplished without interfering with existing traffic flows. As a neighbor !Lathy :md I welcome you :md Your children. Let me know if we can help. Sincere},,, Rodney I:rey 71,,R) \l 29" -Xve Wheat Ridge, CO 30033 "S' AVENUE • WHEAT RIDGE. CO ~ Seu33 PHONE. 7`p ;,(-73^* • FAX -;34341., s.3+3 ougg:t ki7dae, 6y-,"o Fda/y ,303-' 77-5S7 D C`~b Jim ,,-l maq t- ]I, o aaloou ta-~i t x IA'` nti~u act ck- L ALa Lr f ~ \ A .1 r % ) t f~ ),l ~ ~ 1. ~ ur; ~ Y ~ r f~ ~ ''~+%i e~`d J City of WheatRiOge POSTING CERTIFICATION CASE NO. SUP-09-03/Wellspring Bible Church DEADLINE FOR WRITTEN COMMENTS: January 22, 2010 I. (name) residing at (address) as the applicant for Case No. SUP-09-03 , hereby certify that I have posted the sign for Public Notice at 3010 Newland Street (location) on this day of , 20 , and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below. Signature: , ~ me or this case NOTE: This form must be submitted to the Community Development epart and will be placed in the applicant' s case file. MAP ® ® E ® ~ j mw CUP- 0'7- 03 o BORYS MICHAJLO 2955 MARSHALL CT WHEAT RIDGE CO 80214 7009 1680 0001 2748 9419 CLEMENT D & JACQUELINE A BISANT TRUST THE 2980 NEWLAND ST DENVER CO 80214 6 NOBLE KRIS ROBERT 2991 MARSHALL CT WHEAT RIDGE CO 80214 7009 1680 0001 2748 9389 DISANT F R 2998 k CT WHEA E CO 80214 7009 1680 0001 2748 9358 7009 1680 0001 2748 9402 VANDEBURGH BENJAMIN B VANDEBURGH HEATHER A 2995 NEWLAND ST WHEAT RIDGE CO 80214 2998 NEWLAND ST WHEAT RIDGE CO 80214 7009 1680 0001 2748 9365 7009 1680 0001 2748 9372 QUALTERI FAMILY LIVING BAASO GLENN R TRUST 3000 NEWLAND ST 21422 MAIN AVE WHEAT RIDGE CO 80214 GOLDEN CO 80401 7009 1680 0001 2748 9341 7009 1680 0001 2748 9334 FISHER DAVID L FISHER NANCY E 2990 MARSHALL CT WHEAT RIDGE CO 80214 7009 1680 0001 2748 939 HARVEY ERIKA KASTNING KENNETH P HARVEY MARTIN KASTNING CHERYL L 3002 LAMAR ST 3003 NEWLAND ST WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 7009 1680 0001 2748 9327 7009 1680 0001 2748 9310 WELLSPRING *BB'k.E UR CH O HARA DONALD 3010 NEWAY CYNTHIA WHEAT RU 114 3040 LAMAR ST WHEAT RIDGE CO 80433 7009 1680 0001 2748 9297 FALL MIKE JOSEPH 3005 NEWLAND ST WHEAT RIDGE CO 80214 7009 1680 0001 2748 9303 BRYAN MICHAEL KEVIN BRYAN JENNIE 3045 LAMAR ST WHEAT RIDGE CO 80214 7009 1680 0001 2748 9273 7009 1680 0001 2748 9280 ONEILL PPATRICIA ANN SERSANTE ROSEMARIE BOYCE ROBERT K HEFNER JAMES H S H 3050 LAMAR ST 3090 NEWLAND ST EFNE WHEAT RIDGE CO 80433 WHEAT RIDGE CO 80214 7009 1680 0001 2748 9266 7009 1680 0001 2748 9259 FORD TAMERA SABO DIANE M 3100 NEWLAND ST WHEAT RIDGE CO 80214 3100 LAMAR ST WHEAT RIDGE CO 80214 ALENIUS ERIC A ALENIUS AUDREY L 3150 LAMAR ST WHEAT RIDGE CO 80214 7[109 1680 0001 2748 9235 7009 1680 0001 2748 9228 7009 1680 0001 2748 9211 MACLEAN MALCOLM AMOROSIA JOSEPH F HOFSETZ AL QQR~ MACLEAN KAYLA v 3 S A 3125 KENDALL ST 64051 WHEAT RIDGE CO 80214 DENVENEWLAND R CO CO 80214 3137 ST WHEATIVCrE CO 80214 7009 1680 0001 2748 9204 7009 1680 0001 2748 9181 7009 1680 0001 2748 9198 HYLAND PATRICK HUGHES TRACEY A HOLT BEVERLEY A 2380 HARMONY PARK DR 6340 W 30TH AVE 6440 W 31ST AVE WESTMINSTER CO 80234 WHEAT RIDGE CO 80124 WHEAT RIDGE CO 80214 7009 1680 0001 2748 9174 7009 1680 0001 2748 9150 7009 1680 0001 2748 9167 PARRISH SCOTT MICHAEL JONES JANE S FIRST SPANISH ASSEMBLY OF ZARRA JOY KATHLEEN CORY ROBERT M GOD 6405 W 30TH AVE 1669 S TRENTON ST #55 6475 W 29TH AVE WHEAT RIDGE CO 80214 DENVER CO 80231 WHEAT RIDGE CO 80214 7009 1680 0001 2748 9143 3091 LAMAR ST WHEAT RIDGE CO 80214 7009 1680 0001 2748 9242 70091680 0001 2748 9129 7009 1680 0001 2748 9136 KEOHLER GROVER PLAYDON MARY C 6445 W 31ST AVE WHEAT RIDGE CO 80214 7009 1680 0001 2748 9112 BURTO BURTON LAVENA 1972 10TH ST LAVERNE CA 91750 MALLORY RICK L MALLORY CINDY L 6497 W 30TH AVE WHEAT RIDGE CO 80214 7009 1680 0001 2748 9082 7009 1680 0001 2748 9075 SNYDER KURT E THOMPSON ARDYS E 6540 W 31ST AVE WHEAT RIDGE CO 80214 7009 1680 0001 2748 9068 ZOLNOWSKY M EW HOMCHICK SHARON M SNYDER TAMERA 3755 TE S 6580 W 31ST AVE DENVER (W v 0 6530 W 30TH AVE WHEAT RIDGE CO 80214 7009 168'0 0001 2748 9051 WHEAT RIDGE CO 80214 7009 1680 0001 2748 9037 7009 1680 0001 2748 9044 JOY STANLEY E KAUFMAN NOAH H STEINHEIMER RANDY E JOY LILLIE P 6550 W 30TH AVE STEINHEIMER CYNTHIA A 6545 W 31 ST AVE 6605 W 31 ST AVE WHEAT RIDGE CO 80214aTUmrFrnumia 7009 1680 0001 2748 9020 BOHLINE SUE PO BOX 19765 BOULDER CO 80308 RODRIGUEZ MIGUEL A RODRIGUEZ TERESA A 6585 W 31ST AVE WHEAT RIDGE CO 80214 'vVIIEAT RIDGE CO 80214 7009 1680 0001 2748 9013 HUGHES WARREN R 6630 W 31ST_A E WHEAT RID E 14 7009 1680 0001 2748 9006 7009 1680 0001 2748 8993 7009 1680 0001 2748 8986 CHURCH OF CHRIST OF LUTREY MICHAEL G BARTOLOMEO THOMAS A WHEATRID LUTREY BARBARA A 6655 W 30TH AVE 6610 31 T A 6625 W 31ST AVE WHEAT RIDGE CO 80214 WHEA GE CO 80214 WHEAT RIDGE CO 80214 7009 1680 0001 2748 8979 7009 1680 0001 2748 8962 WHITAKER CARY BARCKHOLTZ JUDITH A 6630 W 30TH AVE BARCKHOLTZ ROBERT J WHEAT RIDGE CO 80214 6650 W 30TH AVE WHEAT RIDGE CO 80214 7009 1680 0001 2748 8948 COSTANTEN MICHEALJ 6665 W 31 ST AVE WHEAT RIDGE CO 80214 7009 1680 0001 2748 8931. 7009 1680 0001 2748 8917 7009 1680 0001 2748 8900 HAGERMAN C NATHAN 6455 W 31ST AVE WHEAT RIDGE CO 80214 ROSSILLON EDWIN C 6505 W 31ST AVE WHEAT RIDGE CO 80214 7009 1680 0001 2748 9105 7009 1680 0001 2748 9099 7009 1680 0001 2748 8955 SARCONE DEBBIE J 6685 W 30TH AVE WHEAT RIDGE CO 80214 7009 1680 0001 2748 8924 a City of Wheatdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 CERTIFIED LETTER NOTICE P: 303.235.2846 F: 303.235.2857 February 8, 2010 Dear Property Owner: This is to inform you of Case No. SUP-09-03, a request for a Special Use Permit to allow for a day care for up to 60 children on property zoned Residential-One (R-1) and located at 3010 Newland Street. This case will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on February 22, 2010, at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. SUP0903.doc w .ci.wheatridgexo.us NW25 J;( QD N W N OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PARCELILOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) SW 25 0 100 200 ~00 400 Feet N W N 2 2 2 2 2 oo m ~ DEPARTMENT OF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 ei ei el mI "IIL 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 22, 2010, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29 h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following case shall be heard: Case No. SUP-09-03: An application filed by Wellspring Bible Church for approval of a Special Use Permit to allow for a day care for up to 60 children on property zoned Residential-One (R-1), located at 3010 Newland Street and legally described as follows: LOT 1, FAITH BIBLE CHAPEL WEST SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Kathy Field, Administrative Assistant ATTEST: Michael Snow, City Clerk To Be Published: Wheat Ridge Transcript Date: February 4, 2010 Page 1 of 2 Adam Tietz From: Kenneth Johnstone Sent: Friday, January 22, 2010 11:15 AM To: 'Noah' Cc: Adam Tietz Subject: RE: SUP-09-03 Comments Thank you for your comments, we will certainly consider those as we conduct our review of the application. Please let us know if you have any additional comments or questions. Adam Tietz is the staff planner assigned to this application. Thank you. Ken Johnstone, AICP Community Development Director Wheat Ridge, Colorado 80033 Office Phone: 303-235-2844 f Otv of L c~ai uu~ t rv~ D t v+ t tart*m t :v a From: Noah [mailto:noah.kaufman@gmail.com] Sent: Friday, January 22, 2010 9:48 AM To: Kenneth Johnstone Cc: Kathy Field Subject: Fwd: SUP-09-03 Comments Hello Mr Johnstone: I'm forwarding you an e-mail I sent to my local council members regarding SUP-09-03. I ask that you please consider what I've asked them to as well. Thanks for your time. -Noah Kaufman Forwarded message From: Noah <noah.kaufinan(a gmail.com> Date: Tue, Jan 19, 2010 at 10:14 AM Subject: SUP-09-03 Comments To: Khberry26 ~hotmail.com, davisbreinhartcocomcast.net Hello Concilmembers Berry and Reinhart: As a resident of District I, I'm writing this e-mail to express my concerns about SUP-09-03, which is for a day care facilitylbusiness to be housed in the church that sits directly across the street from my home (6550 W 30th Ave). Generally speaking, I believe the church does an adequate job at regulating traffic and parking though currently its only of concern on Sundays. While adding a daycare facility will not likely have an impact 01/22/2010 Page 2 of 2 on parking, it will potentially add twice-daily surges of traffic through what are normally quiet neighborhood streets with little thru-traffic. I can easily picture a scenario where numerous parents are sitting in their idling cars waiting to drop-off or pickup their kids from the daycare center, further detracting from the current character of the neighborhood. To be frank, there's a reason this area is zoned R-1 and R-1 C and its certainly not so a church or any other entity can run a business. If the church were located on one of main thoroughfares such as 29th Ave. or 32nd Ave. then it would make perfect sense to run a daycare facility, however this is a residential area and the expectation is that business are located in other zones. Now, having said all this, I want to make my position clear. The church is generally a good neighbor and I respect what they hope to accomplish here. If you have any sway over the conditions under which they're allowed to open a daycare facility here's what I ask you insist on: -No more than 30 children to be allowed at the facility for the purposes of daycare. 60 will result in far too much added traffic for the neighborhood -Assurances from the church that they have a system in place such that parents will be able to promptly drop-off and pickup their kids without having to sit around waiting and idling in their cars. If that means hiring someone to direct traffic 2x daily, then so be it. -A'no idling policy' while waiting to pickup or drop-off children. Last thing anyone needs is a bunch of cars sitting there idling and polluting the air. -No honking. In this age of cell phones, PC's, the Internet, GPS, etc. there's really no reason to sit in your car and honk to get someone's attention (unless its some sort of emergency). Worst case, get out of the car and walk. So again, if you have any input into the Special Use permitting process, I ask that you please consider what I'm requesting. Thanks for your time. -Nair iC~caiirFa, 01/22/2010 FAITH BIBLE CHAPEL WEST BOYCE ROBERT K 39-253-07-011 3010 NEWLAND ST 3090 NEWLAND ST 39-253-07-012 WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 39-253-07-013 7009 1680 0001 2748 8139 7009 1680 0001 2748 8146 39-253-07-002 39-253-07-003 CHURCH OF CHRIST OF 39-253-07-004 WELLSPRING BIBLE CHURCH 3010 NEWLAND ST WHEATRII~GEj 6610 WAS A 39-253-07-005 39-253-07-006 WHEAT RIDGE CO 80214 WHEAT IID 80214 39-253-07-007 7009 1680 0001 2748 8122 7009 1680 0001 2748 8177 39-253-07-008 39-253-07-009 MALLORY RICK L FALL MIKE JOSEPH 39-253-09-002 MALLORY CINDY L 3005 NEWLAND ST 39-253-09-001 6497 W 30TH AVE WHEAT RIDGE CO 80214 39-253-09-015 WHEAT RIDGE CO 80214 7009 1680 0001 2748 8160 39-253-11-005 7009 1680 0001 2748 8115 39-253-11-006 39-253-11-007 BRYAN MICHAEL KEVIN KASTNING KENNETH P 39-253-11-008 BRYAN JENNIE KASTNING CHERYL L 3045 LAMAR ST 3003 NEWLAND ST WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 7009 1680 0001 2748 8047 7009 1680 0001 2748 8153 14EFNER JAMES H H7790 77M lz 3091 LAMAR ST 3000 NEWLAND ST WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 7009 1680 0001 2748 8054 7009 1680 0001 2748 8009 HOLT BEVERLEY A BLOOM ALAN 6440 W 31ST AVE BOHLINE SUE WHEAT RIDGE CO 80214 PO BOX 19765 7009 1680 0001 2748 8061 BOULDER CO 80308 7009 1680 0D01 2748 80 16 BURTON CLEO BURTON LAVENA KAUFMAN NOAH H 1972 10TH ST 6550 W 30TH AVE LAVERNE CA 91750 WHEAT RIDGE CO 80214 7009 1680 0001 2748 8078 7009 1680 0001 2748 8023 ZOLNOWSNYM T W SNYDER KURT E SNYDER TAMERA R C 6530 W 30TH AVE 7009 1680 0001 2748 8085 WHEAT RIDGE CO 80214 THOMPSON ARDYS E 6540 W 31 ST AVE 7009 1680 0001 2748 8D30 WHEAT RIDGE CO 80214 8010 7009 1680 0001 2748 8092 HOMCHICK SHARON M 6580 W 31 ST AVE WHEAT RIDGE CO 80214 3 gay 1 ~ 201fl ~ ti 16? 7009 1680 0001 2748 8108 'be> City of Wheatjkidge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE January 13, 2010 Dear Property Owner: This is to inform you of Case No. SUP-09-03, a request for a Special Use Permit to allow for a day care for up to 60 children on property zoned Residential-One (R-1) and located at 3010 Newland Street. Pursuant to Ordinance No. 1291, an administrative special use review can be granted by the Community Development Director without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on January 22, 2010. Thank you. SUP0903.doc www.ci.wheatridge.co.us W N OFFICIAL ZONING MAP WHEAT RIDGE COLORADO DEPARTMENT OF PLANNING AND DEVELOPMENT ~ ~ a a g E m , A $ ~ W I n n I n rv ~ ^ a -2 FIR5T 5FAN15H A55EM131 Y OF GO - SUD PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) SW 25 0 100 ® 900 Fect MAP ADOPTED: June 15, 1994 Last Revision: Seotember 10. 2 N W N P ° M ° O a p cli O O O N O N LCO04 O M N Q O N O a N N O 0 ~cc, `r 00 N ° Oa ~ Q O = oZ a z- N m Q O Q^2 m ° Y 2 L98-886 ,LC xvL 00 C7 N N N N O O S N M N O M N O d 41 Z °o O O O C O O O O ~ O Ln Q '.r ,96 m p N N N N O m O N °Olll 23 LLN O < Ow< m co o m 10 si}0 V'>I V =y '13 Ileyslevy O N ° v~i O a w w o _ O y 3 O Q O U M ~ O 0 o a w OC ° Q O _ °o p ? m O N (n O O J N,J a m ~ dry" LO m ~ O W Ln O O O p O UR }S pui co O O N N N. V CO Q O O O co m m O O O O O o o N M O t 0 V-6 Mo 0 o M 0 WHEAT RIDGE FIRE PROTECTION DISTRICT DOING THE RIGHT THINGS AT THE RIGHT TIMES FOR THE RIGHT REASONS 3880 Upham Street Wheat Ridge, Colorado 80033 • ph.303.403.5900 • www.wrfire.org DIVISION OF FIRE PREVENTION January 5, 2010 Adam Tietz City of Wheat Ridge Community Development 7500 West 20h Ave Wheat Ridge, CO 80033 RE: Community Development Referral CASE No.: SUP -09-03 The Wheat Ridge Fire Protection District has reviewed the Community Development Referral and has the following comments: • Interior modifications maybe required to address a potential change in use. • There are no infrastructure changes or upgrades required by the Wheat Ridge Fire Department. Please feel free to contact me if there are any questions or concerns with respect to this review. Reviewed by, Kelly Brooks Fire Marshal Wheat Ridge Fire Protection District City of Wheat Ridge PUBLIC WORKS Memorandum TO: Adam Tietz, Planner I FROM: Dave Brossman, Development Review Engineer AOK~ DATE: December 22, 2009 SUBJECT: Wellspring Bible Church Day Care (3010 Newland Street) I have completed my review of the request received on December 21, 2009 for the proposed day care facility located at 3010 Newland Street, and I have the following comments: 1. As the proposed Day Care facility does not appear to negatively impact the current parking/traffic situation at this location, and since no additions or changes to the existing site are included in this proposal, Public Works has no comments specific to said facility and are not opposed to its approval. To Adam - Wellspring Bible Chumh_3010 Newland St (12-21-09).doe 7500 West 29th Avenue e a e a® City of Wheat Ridge, Colorado 80033 d~. ~T heatl~idge 303.235.2846 Fax: 303.235.2857 JCOMMUNITy DEVELOPMENT Community Development Referral Form Date: December 21, 2009 Response Due: January 5, 2010 I The Wheat Ridge Community Development Department has received a request for approval of a large daycare in the church located at 3010 Newland St. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: SUP-09-03 Request: Allow for a large daycare as an ancillary use to a church on property zoned R-1. The day care will accommodate up to 60 children and will use the existing church building and rooms located within it to provide childcare. Please respond to this request in writing regarding your ability to serve the property or with related concerns pertaining to this application. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Adam Tietz Voice: 303.235.2845 Fax: 303.235.2851 Email: atietz@ci.wheatridge.co.us DISTRIBUTION: Wheat Ridge Water District Wheat Ridge Sanitation District Wheat Ridge Fire District Wheat Ridge Police Department Wheat Ridge Public Works Wheat Ridge Building Division "The Carnation City" WHEAT LAND USE CASE PROCESSING APPLICATION C m Community Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 0OL O R p00 (Please print or type all information) Applicant ) r~. 9 (QLF- 61s pL-ltr Address 70 ( D N 57 Phone &I aO kl City k1) t4 Fs&I 10 (YC State C~ Zip Lls~-Pxl Fax Owner WE5 07JA& b (13 Fr2 e--6(J 144 Address -?0 l0 W h Jrf-- Phone s//J-I City State CQ Zip t D i q Fax_E~J 7,Q 3~G ~ X0(3 - rO*01-14J-#113hone3 e11q_ Contact -S~`(fz C-/1'°( Address 1o City State c,-\ Zip D d 7 Fax Z (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) We Location of request (address): D ,V F ( W 1_ 60 011 Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirement~ss n reverse side ❑ Change of zone or zone conditions F~'Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval ❑ Variance/Waiver (from Section ) ❑ Other: Detailed description of request: Cu ii,0 CANa a- r7 FFR~ % / C--*jL oJz Ci=y 5a- (d P ?/I ~ o rkt)~lyz~ Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning: R1 Proposed Zoning: Current Use: C w t) (Lt.H Proposed Use: v Cl1 J /JMod p f E,E t ~Yhk I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must subm f-attorney from the o er which approved of this action on his behalf. SO Signa ?pf~gpJj9* - Subscribed,ayi' sworn to me this l day of efe mJp1(, 20 %p otary Public sTgT GPQ~ My commission expires To be filled f: My Commission ire 5/ 11912010 a Ci Date received Fee 006 0/ Receipt No4,gy'a3(~ Case No. Y` 0 9~6~3 Comp Plan Desig. Zoning ACS Quarter Section Map Related Case No. Pre-App Mtg. Dated d Case Manager October 9, 2009 To Whom It May Concern, Wellspring Bible Church, Mr. Steve Gay, pastor and Ms. Kelly Hagan, licensed child care director are looking to reestablish a small high quality, secular public child care facility at 3010 Newland Street in the city of Wheat Ridge called Wellspring Learning Center, an Early Childhood Training and Daycare Center. Currently the facility can only be licensed for 12 children due to the R-1 zoning permit, and we are asking for a Special Use Permit for a larger number of children. Quality child care is a much needed service to working families in the surrounding Wheal Ridge area. We plan to provide a high quality early childhood program that is also affordable to families and open to all the community. Ms. Hagan will be operating the program in collaboration with Wellspring Bible Church. She has over 30 years in the early childhood industry and understands what it takes to provide quality care to children. She is dedicated to excellence in the delivery of this service. The Wellspring Bible Church can easily service the needs of children without any additional expense or changes to the existing facility. The Church already has an enrollment of around 70 children each Sunday, and other children activities during the week. A child care program operated out of the church 7 years ago and the enrollment was around 90 children. This confirms the need, capacity of the facility, neighborhood acceptance, and recent studies would show the demographics of the area to have even higher demand. A couple of recent articles in the Denver Post (3/09 and 4/09) reported many significant demographic changes occurring in the Wheat Ridge/Denver area that support our request for providing more child care options. The census information has concluded that an increase in the birth rate for this demographic section of Wheat Ridge has increased by 20% from 2000 to 2007. This census information is directly related to young working families moving into the Wheat Ridge area and eventually looking for quality child care choices for their children. Parents typically want child care close to their home for convenience and our center would be another affordable option to them. Another recent article (10/7/09) in the Denver Post reported tax shortfalls for early childhood education in Colorado are coming. This will mean many low income families will be denied child care assistance dollars because they are simply not available anymore. What will those families do? Our research has found that many child care competitors in the area offer minimal services and their fees are unaffordable to many families. Because of the collaboration with Wellspring Bible Church we will be able to charge affordable tuition and therefore help families in this community with their child care needs. We are also planning on offering child care assistance options and the Church will be sponsoring a scholarship for several students each year. There is a shortage of quality early childhood care in the Wheat Ridge area. It is difficult for parents to go back to work and become successful without the support and access to high quality leaming experiences for their children. We have attached our fee schedule in comparison to the surrounding competitors in the Wheat Ridge area. While we are confident we can still make a marginal profit, it is more important for us to provide high quality affordable child care services to the Wheat Ridge community for as many children as possible. We have also attached some facts from a 2008 report from the Colorado Children's Campaign. We feel these statistics are in direct correlation to helping us achieve our goals of providing quality care. We are asking to increase this capacity utilization to 48 children in order to better service this community. The reason for this number is as follows: 1) The greatest area of need is in four distinct categories; infants, toddlers, and 2- 4 year olds, and K-2nd grade. 2) In order to do so, and meet the state requirements of children per teacher, room size, etc. and teaching quality, economic efficiencies, at least four rooms are needed. 3) Assuming we offer services in each of these categories, then we would have an average of 12 per room, or 48 maximum total. 4) The fixed costs of materials, improvements, staff needed to run 48, versus 24, will allow the center to pass on the lower costs to the parents. With only 24 this become very difficult. Plan A: Five Classrooms Classroom 1/Infants 1:5 ratio Group Size capacity 10 total Classroom 2/ Toddlers 1:5 ratio Group Size capacity 10 total Preschool Room 1 1:7 ratio Group Size capacity 14 PS Room 2 1:10 ratio Group Size capacity 20 Pre-K Room 1:12 ratio Group Size capacity 24 Totals Mini mum: 39 Maximum: 78 by state standards, but 48 per SUP Plan B: Four Classrooms Toddler Classroom 1:5 ratio Room capacity 10 Preschool l 1:7 ratio Room capacity 14 Preschool II 1:10 ratio Room capacity 20 Pre- K 1:12 ratio Room capacity 24 Totals Minimum: 34 Maximum 68 by state standards, but 48 per SUP In conclusion, we believe providing and investing in high quality early childhood programs is the best thing a community can do if they want to help close the achievement gaps in schools. Huge performance gaps on state assessments between low income students and their wealthier peers continues to grow in Colorado. The data is very clear that these gaps can be minimized when all children have opportunities to attend high quality early childhood programs and are then, prepared to successfully enter elementary school. (Denver Post Editorial 10/6/09) Sincerely, Steve Gay, Pastor Kelly Hagan, Director Child Care Fees for Surrounding Wheat Ridge Area Preschool Toddler Care Preschool Care 2 days week Full time Full Time 9-1 PM 7-5:30 PM 7 - 5:30 PM Wellspring Child 45.00 per week 180.00 per week 160.00 per week Care at 3010 Renaissance No options 225.00 per week 187.00 per week Children's Center Tiny Hearts No options 190.00 per week 177.00 per week St Mary No options 212.00 per week 170.00 per week Magdelene Explore and No options 303.00 per week No options Discover Facts from 2008 Report from the Colorado Children's Campaien • Between 2000-2006 Colorado had a 73% increase in the number of children living in poverty - placing Colorado first in the nation for the fastest growing rate of children in economic distress. • More than 180,000 Colorado children or 15.71/o of the states 1.2 million children live below the federal poverty line. Of these, 82,000- nearly half- live in extreme poverty. When it comes to education, children in poverty are: • Half as likely to have access to preschool • Significantly less likely to be at grade level in reading, writing and math One third more likely to experience learning disabilities and developmental delays High quality early childhood education can make a dramatic difference for children, families and the community. The science of early brain development tells us that early experiences create a foundation for life long learning, behavior and both physical and mental health. High quality early care and education programs like the one we will provide help ensure that even the most at-risk children arrive at school eager to learn and ready to succeed. According to Pre-K Now, a public education and advocacy campaign that advances high quality, voluntary pre-kindergarten for all 3 to 5 year olds, the benefits are substantial. Pre-K Now reports that every $1 invested in high quality pre-kindergarten education saves taxpayers up to $7. Early Education also: • Increases high school graduation rates • Helps children do better on standardized tests • Reduces grade repetition • Reduces the number of children placed in special education • Reduces crime and delinquency later in life • Lowers rates of teen pregnancy Leads to greater employment and higher wages as adults • Contributes to more stable families Child Care Fees for Surrounding Wheat Ridge Area Preschool Infant Care Toddler Care Preschool 2 days a week Full Time Full Time Full Time 9-1 7-5:30 7-5:30 7-5;30 Wellspring Learning 45.00 per week 185.00 per 175.00 per 165.00 per Center week week week Renaissance Children's No options 225.00 per 225.00 per week 187.00 per Center week week Tiny Hearts No options 190.00 per 190.00 per week 177.00 per week week St Mary No options 212.00 per 212.00 per week 170.00 per Magdelene week week Explore and No options 303.00 per 303.00 per week No options Discover week fc> 171 oo ` .8 3 NF Lv !-},xJo "I Z , y 'T~ Z, Q v V~ b Ai~i 12/11/2009 10:36 7146715792 RECORDATION REQUESTED BY: WHEN RECORDED MAIL TO: Evangelical Christian Credit union Main Ofrroe 955 WW Imperial Highway Bran, CA 92821 CIVIL LOAN SERVICING PAGE 01/11 REMPTIUN & F2026665 5/20/2004 11;24;43 PG: 001-011 PO FEE: 56.00 STATE DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO SEND TAX NOTICES TO: Wellspring Bible Church 1 3010 Newland St Wheat Ridee. Co 80214 _ FOR RECORDER'S USE ONLY DEED OF TRUST ~c7 THIS DEED OF TRUST Is dated May 18, 2004, among Wellspring Bible Church , whose address is 3010 Newland St, Wheat Ridge, CO 80214 ("Grantor"); Evangelical Christian Credit Union, whose address is Main Office, 955 West imperial Highway, Brea, CA 92821 (referred to below sometimes as "Lender" and sometimes as 'Beneficiary"); and the Public Trustee of Jefferson County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grants, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Grantor's right idle, and Interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; an water, water rights and ditch rights (hrJuding stock in utilities with ditch or irrigation rights); and all other r' his, royalties, and profits relating to the real property, Including without limtaton all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In Jefferson County, State of Colorado: See Exhibit "A", which Is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as 3010 Newland St, Wheat Ridge, CO 80214. The Real Property tax identification number is 39-253-07-012 Grantor presently assign to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and an Roms from the Property. In additim, Grantor grants to Lender a Uniform Commercial Code security Interest in the Pomona[ Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPER'TYr IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Dead of Trust as they become due, and shall strictly and in a timely manner perform all of Gmntoes obligations under the Note, this Deed of Trust, and the Related Documents, POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions; Possession and Lim Until the occurrence of an Evert of Default, Grantor may (1) remain In possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rants from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repalm, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender than (1) During the parsed of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release Of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or ocoupant9 of the Property, or (c) any actual or q 0-4~ 12/1112009 10:36 7146715792 CML LOAN SERVICING PAGE 02111 DEED OF TRUST (Continued) Page 2 threatened litigation or claims of any kind by any person relating to such matters; and 3 Exc acknowledged by Lander in writing, (a) neither Grantor nor any tenant, contractor, agent or other au0Nl & Pre 10 10S user of tAe P ad to and ogized use, generate, manufacture, store, Vaal, dispose of or release any Hazardous Substance an, udder, about or from the Pr ropany shall arty such activity shall conducted in compliance with 911 applicable federal, aura, and local laws, regulations and ardl, y I Including without ilmitati9ra all Environments! Laws. Grantor autiarizes Lender and its agents to enter upon the Property is make ke such inspections and tests, at Grantor's expense, as Lander may deem appropriate to determine compliance of the Property with this section of the Dead of That Any inspections or tests made by Lender shall be for Lender's purposes only and shell not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The rapresentatkxts and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances, Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such Jews; and (2) agrees to indemnify anti hold harmless Lender against any And all claims, losses, liabilities, damages, penalties, and expenses which Lender may dirsotiy or Indirectly sustain or suffer resulting from a breach of this section of the Dead of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantors ownership or Interest in the Property, whether or not the same was or should have been known to Grantor. The proviskms of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this feed of Trust and shall not be affected by Landers acqulsidon of any interest In the Property, whether by foreclosure or otherwise, Nuisance, Waste, Grantor shell not cause, conduct of permit any nuisance nor commit permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the gerturalky of the foregoing, Grantor will not reprove, or grant to any other party the right to remove, any timber, minerals (including oil and gas). Coal, clay, scoria, son, gravel or rock products without Lender's prior written consent Removal of Improvements, Grantor shall not demolish or remove any Improvements from the Reel Property wifi t Larder's prior written consent, As a condition to the removal of any Improvements, Lander pay require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value, Lendd"s Right to Enter. Lender and Lender's agents and representatives pay enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantors compliance with the terms and conditions of this Dead of Tndst. Comptlamn with Govemmental Requirements. Grantor shelf promptly comply With all laws, ordinances, and regulations, now or hereafter in effect, of all governmental audlon'fies applicable to the use or occupancy of the Property, ntaluding without limitation, the Americans With Disabllities Act Grantor may contest in good tatih any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long a8 Grantor has notified Lender in writing prior to doing so and so long as, In Lender's sale opinion, Lenders interests In the Property are not Jeopardized. Lender may require Grantor to past adequate security or a surety bond, reasonably mr isfaCrory to Lender, to protect Landar's interest Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property, Grantor shall do all other acts, in addition to those acts set forth above In this section, which from the chameter and use of the Property are reasonably necessary to protect and preserve the Property, 'DUE ON SALE • CONSENT BY LENDER. Lender may, at Lender's option, declare ipwnediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any pap of the Real Property, or any Interest in the need Property. A "sale or transfer" means the conveyance of Rea( Property or any right, title or interest in the Real Properly; whether legal, beneficial or equitable; whether voluntary or involuntary; whether try outright safe, deed, installment sale contract, land contract contract for deed, leasehold interest with a term greater than three (3) years, Iaasa-option txxntract, or by sale, assignment, or transfer of any beneficial interest In or to any land trust holding fide to the Real Property, or by any other method of conveyance of an interest In the Real Properly. However, this option shall not be exerolaod by Lender if Such exercise is prohibited by federal law or by Colorado law. TAXES AND LIENS, The following provisions relating to the taxes and Ilene on the Property are part of this Deed of Trust payment. Grantor shall pay when due (and in all events prior to delinquency) an taxes, special faxes, assessments, Charges (Including water and sower), lines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or far services rendered or material furnished to the Property. Grantor shelf maintain the Property free of all liens having priority over or equal to the Interest of Lander under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provkled In this Dead of Trust, Right to Contest Grantor they withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized, if a lien arises or is filed as a result of nonpayment, Grantor shall within fisean (15) days after the lien arises or, if a lien is tiled, within Risen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or If requested by Lender, deposit with Lender cash or a sufficient corporate surely bond or other security saflsfaotory to Lender in an amount sufffelam to discharge the lien plus any costs and attomeys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any Contest Grantor shall defend Itself and lender and shelf satisfy any adverse jucgment before enforcement against the Property, Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment Grantor shall upon demand furnish to Lander satisfactory, evidence of payment of the faxes or assessments and shell authorize the appropriate governmental official to deliver to LWdar at any tine a written statement of the taxes and asseSSmertts against the Property. <& 4~ 12/11/2009 10:36 7146715792 CIVIL LOAN SERVICING PAGE 03/11 DEED OF TRUST (Continued) Page 3 Notice of Coni tMotlon, Grantor shall notify Lander at least fifteen (15) days before any work Is Oorrunanced, any services are furnished, or any materials are supplied to the Property, M any nux;hmic's lien, materialman's lien, or other Ilan could be asserted an /J account of the work, services, or materials and the cost exceeds $5,000.00. Grantor will upon request of Lander furnish to Lender advance assurances satisfactory to Larder that Grantor can and will pay the cost of such improvements. J/ PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust, Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property In an amount sufficient to avoid application of arty ooinsuranoe clause, and with a standard mOttgagee clause in favor of Lender. Grantor shall also procure and maintain Comprehensive general IlabgXy insurance in such coverage amounts as Lender may request with Trustee and Lander being named as addtlonal insureds in such liability Insurance policies. Additionally, Grantor shall maintain such other Insurance, Including but not limited to hazard, business Interruption, and bolter insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender, Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of Insurance in form satisfactory to Lender, including stipulations that coverages will not be Cancelled or diminished witrout at least thirty (30) days prior written notice to Lander. Each Insurance policy also shall Include an endorsement providing that coverage In favor of Lander Will not be impaired In any way by any act, omission or dafaut of Grantor or any other person. Should the Real Property be located In an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to Obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the Nations! Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property If the estimated cost of repair or replacement exceeds $5,000,00. Lander may make proof of lass if Grantor fails to do so within fifteen (15) days of the casualty. Whether Or not Lenders security Is Impaired, Larder may, at Lenders election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any Ilan affecting the Properly, or the restoration and repair of the Property, If Lender elects to a" the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destrayed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay Cr reimburse Grantor from the proceeds for the reasonable coot of repair or restoration If Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their recalpt and which Lender has not committed to the repair or restoration of the Property shag be used first to pay any amount owing to Larder under this Deed of Trust, than to pay accrued interest, and the remainder, 0 any, shall be applied to the principal balance of the Indebtedness, If Lander folds any proceeds after payment In full of the Indebtedness, such proceeds shall tie paid to Grantor as Grantor's Interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of Insurance showing! (1) the name of the Insurer; (2) the risks Insured: (3) the amount of the policy; (4) the properly Insured, the than current replacement value of such property, and the manner of determining that value; and (5) the expiration data of the policy. Grantor shall, upon request of Lender, have an Idependera appraiser satisfactory to Larder determine the man value replacement cost of the Property. LENDER'S EXPENDRURFS. If any action or proceeding is commenced that would materially affect Landers interest in the Property or 0 Grantor fags to comply vrith any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lander rxh Grantor's behalf may (but shall not be obligated to) take any action that Lander deem appropriate, Including but riot limited to discharging or paying all taxes, lions, security interests, encumbrances and other claims, at any time levied or placed on the Progeny and paying all costs for insuring, maintaining and preserving the Property. All such expenditures ;noumed or field by Lander for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Leldar to the date of repayment by Grantor. All such expenses will boo" apart of the Indebtedness and, at Lender's Option, will (A) be payable on demand; (fi) b t added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during ether (1) the tern of any applicable insurance policy; or (2) the remaining tern of tie Note; or (D) be treated as a bottom payment which will be due and payable a1 the Note's maturity, The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to ell other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership or the Property are a part of this Deed of Trust Title. Grantor warrants that (a) Grantor holds good and marketable tide of record to the Property in fee simple, has and clear of all liens and encumbrances other than those set forth In the Real Property description or In any tale Insurance policy, rte report, or final title opinion Issued In favor of, and accepted by, Lander in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Delaney of Tolle. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the evert arty actor or pradeedfng Is 001 In Cad that questions Grantors tire or the imarest of Trustee or Lander under this Deed of Trust, Grantor shat defend the action at Grantors expense. Grantor may be the nominal party In such proceeding, but Lander shag be entitled to participate in the proceeding and to be represented in the proceeding by Counsel of Lenders own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. 12/11/2009 10:36 7146715792 CML LOAN SERVICING PAGE 04/11 DEED OF TRUST (Continued) Page 4 Compliance with Laws, Grampr warrants that the Property and Grantor's use of the Property compiles with all existin a laws, ordinances, and regulations of governmental authorities, 9 pplicable l Survival of RepreserHadons and Warranties. Alf representations, warrantles, and agreements made by Grantor In this Deed of Trust shall survive the execufion and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and affect unhl such time as Grantor's Indebtedness shell be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust Proceedings. If any poceeci'ehg in condemnation is fled, Grantor shall promptly notify Larder in take such steps as may be necessary to defend the action and obtain the award. Grantor man wrIthig, and nominal sparty in spuch Lender rticip choke a d Gbut rantor will delNarorcause two be date the to Lender n succhh inSpurrr ants and rin the u Ias mace6esre of its own Lender from time to time to permit such participation. Y requested by Application of Net Proceeds, if all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase In lieu of condemnation, Lender may at is election require that all or any portion Of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property, The net proceeds of the award shall mean the award after payment of all reasonable casts, expenses, and attorneys' foes incurred by Trustee or Lender in connection with the condemnation, IMPOSITION OF TAXES, FEES AND CHARGES 13Y GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust' Currant Texas, Fear and Chargas. Upon request by Lender, Grantor shell execute such documents In addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Landers lien on the Real Property. Gramm shall reimburse Lender for all taxes, as described below, together with all expenses Incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, roes, documentary stamps, and other charges for recording or registering this Dead of Trust, Taxes. The following shall constitute taxes to which this section applies' (1) a spaciHc tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust, (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Dead of Trust: (3) a tax on this type of Deed of Trust ohargaable against the Lander or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes, t any tax to which this section applies is enacted Subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event Of Default and Lender may exercise any or all of its available remedies for an Event Of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and IJens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander. SECURITY AGREEMENT; FINANCING STATEMENTS, The redrawing provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This Instrument Shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Coda as amended from time to time, Security Interest Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security Interest in the Rents and Personal Property, In addlgon to recording this Deed of Trust In the real property records, Lender may, at any time and without further authorization from Grantor, fls executed counterparts, copies or reproductions of this Deed of Trust as a financing statement Grantor shall reimburse Lender for all expenses incurred In perfecting or continuing this Security Interest. Upon defaul, Grantor shall not remove, sever or detach the Personal Properly from the Property. Upon defaua, Grantor shall assemble any Personal Property not affixed to the Property in a manor and at a place reasonably convenient to Grantor Ord Lender and make It available to Lender within three (3) days after receipt of written demand from Lander to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Larder (secured party) from which information concemlng the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Cade) are as stated on the first page of this Deed of Trust FURTHER ASSURANCES; ATTORNV4WFACT, The following provisions rate" to further assurances and attomay-In•fact are a part of this Deed of Trust Further Assurances. At any time, and from time to time, upon request of Lentler, Grantor will make, execute and deliver, or will cause to be made, executed or dslivsred, to Lender of to Lender's designee, and when requested by Lender, cause to be filed, recorded, refired, or rerecorded, as the case may be, at such times and in such ollras and places at Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security, agreements, financing statements, cominuaaoh statemente, instruments of further assurance, certificates, and other documents as may, in the soda Opinion of Larder, be necassery or destrabie in order to effectuate, complete, perfect, continue, or preserve (1) Grantors obligations under the Note, this Dead of Trust and the Related Documents, and (2) the flans and security Interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by few or Larder agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in corn actlon with the matters refereed to in this paragraph. 12/11/2009 10:36 7146715792 CIVIL LOAN SERVICING PAGE 05/11 DEED OF TRUST (Continued) Page 5 Attorney-In Fact. if Grantor falls to do any of the things referred to in the preceding paragraph, Lander may do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lander as Grantor's atiomay-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, In Lenders sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE, Upon the full performance of all the obligations under the Note and this Deed of Trust, Trustee may, upon production of documents and fees as required under applicable law, release this Dead of Trust, and Such release shall Constitute a release of the lien for all such additional sums and expenditures made pursuant to this Deed of Trust Lender agrees to cooperate with Grantor In obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by law shall be paid by Gramm, H permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall Constitute an Event of Default under this Deed Of Trust Payment Default. Grantor fails to make any payment when due antler the Indebtedness. Othm Defaults. Grantor fails to comply with or to perform any Other term, obligation, Covenant or Condition contained In this Deed of Trust or In any of the Related Documents or to comply with or to perform any term, Obligation, covenant or condition contained in any other agreement between Lander and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or Condition Contained In this Dead of Trust, the Note or in any of the Related Documents, Default on Other payments. Failure of Grantor within the time required by this peed of Trust to make. any payment for taxes or insurance, or any Other payment necessary to prevent filing of or to affect discharge of any lien. Default In Favor of Third Parties, Should Grantor default under any loan, extension of credit, security agreement purchase or sales agraemcmt, or any other agreement, in favor of any other creditor or person that may materially affect any Of Grantor's property or Grantors ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents. False Statements. Any wanarny, representation or statement made or famished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any materlof respect, either now or at the time made or fumished or becomes false or misleading at any s'me thereafter. Defective Collaterallmon. This Dead of Trust or any of the Related Documents ceases to be in full force and effect (including'failure of any collateral document to create a valid and perfected security Interest or lion) at any time and for any reason. Insolvency. The dissolution or tarmination of Grantors existence as a going business, the Insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of Creditors, any type of creditor workout, or the Commencement of any proceeding under any bankruptcy or khsolvenoy laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture praceadings, whether by Judloial proceeding, self-help, repossession or any otter method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedrtase. This includes a gamfshmant of any of Grantor's accounts. Including deposit accounts, with Lander. However, this Event of Default shall not apply ff there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which Is the basis of the Creditor or forfeiture proceeding and lf Grantor gives Larder written notice of the creditor or forfelture proceeding and deposits with Lander monias or a surety band for the creditor or forfeiture proceeding, In an amount determined by Lender, In Its sole discretion, as being an adequate reserve or bond for the dispute. Oraach of Other Agreement. Any breach by Grantor under the terns of any other agreement between Grantor and Lender that IS trot remedied within any grace period provided therein, including without [Imitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events Occurs with respect to any guarantor, endorser, surety, or accommodation parry of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lander, at Its option, may, but shall not be required to, permit the guarantors estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Larder, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs In Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness fs impaired, Right to Cure. If any default, other than a default in paynx" is curable ans. if Grantor has not been given a notice of a breach of the same provision of this Decd of Trust within the preceding twelve (12) months, t may be cured 9 Grantor, after receiving written notice from Lender demanding cure of such default: (1) Cures the default within fifteens (15) days; or (2) If the cure requires more than fifteen (15) days, Immediately initiates steps which Lander deems in Lenders sole discretion to be sufficient to cure the default and thereafter Continues and completes all reasonable and necessary steps sufficient to produca comWiance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee Or Lender may exercise any one or more of the following rights and remodies; Election of Ro medfes. Election by Lander to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make oxponditures or to take action to perform an obligation of Grantor under this Deed of Tr must. site Grantors failure 10 perform, shall 12/11/2009 10:36 7146715792 CML LOAN SERVICING PAGE 06/11 DEED OF TRUST (Continued) Page a not affect Lender's right to declare a default and exercise he remedkiS, Accelerate Indebtedness. Lander shell have the right at is Option without notice to Grantor to declare the entire Indebtedness r >7 Immediately due and payable, including any prepayment fee which Grantor would be required to pay. L Foreclosure, Lender Shall have the right to cause all or any part of the Root Property, and Personal Property, If Lender declass to emceed against t as if t were rest property, to be sold by the Trustee according to the laws of the Slats of Colorado as respects foreclosures against real properly. The Trustee shall give notice, in accordance with the laws of Colorado. The Trustee shell apply the proceeds of the sale in the fOllowhtg order: (a) to all costs and expenses Of the sale, including but not Hmited to Trustee's fens, aftomeys' fees, and the cost of title evidence; (b) to all sums secured by this Deed of Trust and (c) the excess, f any, to the person or persons legally entitled to the excess. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Unifomt Commerotal Code, Collect Rents. Lender shalt have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness, In furtherance of this right. Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the plants are collected by Lender, than Grantor irrevocably designates Lender as Grantors atamey-In-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to LaMar in response to Lender's damancl shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lander may exercise Its rights under this subparagraph elfhar in person, by agent, or through a receiver. Appoint Receiver. Lender shell have the right to have a receiver appointed to take possession of all or any pan of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to calls& the Rama from the Property and apply the prooeads, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if pamited by law. LarxWe right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substan%l amount Employment by Lender shall not disqualify a person from serving as a recelver. Receiver may be appointed by a Court of competent jurisdiction upon ex pane application and without notice, notice being expressly waived. Tenancy at Sufferance. If Grantor remains in possession of the Property attar the Property Is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default W Grantor, GrantOr shall become a tenant at sufferance of Lander or the purchaser of the Property and stoop, at Lerder's option, either (1) pay a reasonable rental for the use of the Property, or vacate the Property immediately upon the demand of Larder. Outer Remedies, Trustee or Larder shall have any other right or remedy provided in this Deed of Trust Or the Note or by law. Safe of the Property. In exarcising its rights and remedies, Lender shall be free to designate on or before it ties a notice of election and demand with the Trustee, that the Trustee sell all or any pan of the Properly together or separately, in one sale or by separate sales. Lander shall be entted to bid at any public sale on all or any portion of the property. Upon any sale of the Property, whether made under a power of sale granted In this Deed of Trust Or pursuant to judicial proceedings, f the holder of the Note is a purchaser at such sale, it shall be entitled to use and apply all, or any portion of, the indebtedness for Or In Setitemem or payment of all, or any portion of, the purchase price of the properly purchased, and, in such case, this Dead of Trust, the Note, and any documents evidencing expenditures secured by this Deed of Trust shoji be presented to the person conducting the sale In order that the amount of Indebtedness so used or applied may be credited thereon as having been paid. Attorneys' Fees; Expanses, If Lender forecloses or institutes any suit or action to enforce any of the terns of this Deed of Trust, Lender shall be entitled to recover such stop as the court may adjudge esaeonabe as aaomays' fees at trial and upon any appeal. Whether or not any court action Is Involved, and to the extent not prohibited by law, all reasonable expenses Lender hours that in Lender's opinion are necessary at any time for the protection of its Interest or the enforcement of as rights shall become a part of the Indebtedness payable on demand and shall beer Interest at the Note rate from the data of the expenditure until repaid. Expenses covered by this paragraph include, without IlmtatIOn, however subject to any knits under applicable law, Lander's atdmeys' foes whether or not there Is a lawsuit, including attomeya' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post-Judgment collection services, the cost of searching records, obtaining Ode reports (including foreclosure reports), surveyor's' reports, and appreisad few, title insurance, and fees for the Trustee, to the extant parmlaed by applicable law, Grantor also will pay any court costs, in addition to all other sum provided bylaw. Rights of Trustee To the extent permitted by applicable law, Trustee Shall have all of the fights and duties Of Lender as set forth in this section. NOTICES. Any notice required to be given under this Dead of Trust, Including wkhcut limitation any notice of default and any notioe of sale shell be given in writing, and shall be effective when actually delivered, when actually received by telsfetalmile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, f mated, when deposited In the United States mall, as trst crass, certified or registered moil postage prepaid, directso to the addresses shown near the beginning of this Deed of Trost. All copies of notices of foradosura from the holder of any lien whleh has priority over this Dead of Trust shall be seat to Lander's address, as shown now the beginning of this Dead of Trust. Any parry may change its address for notices under this Deed of Trust by giving formal written notice to the other informed at all pedfyIng that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender tirnalif of Grantor's current address. Unless otherwise provided or required by law, If there is more than one Grantor, mry 12/11/2009 10:36 7146715792 CML LOAN SERVICING PAGE 07/11 DEED OF TRUST (Continued) Page 7 notice given by Lender to any Grantor Is deemed to be notice given to all Grardom EICHIBIT A. An exhlbll iitietl "Exhibk "A"; is attached 10 this Deed W TrW and by this reference Is made a part of this Dead of Trust just as t / all the provisions, terms and conditions of the Exhibit had been fully sat forth In this Deed of Trust fl MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust Amendments, This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust No alteration of or amendment to this Deed of Trust shall be effective unless given In writing and signed by the party 01 parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property Is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year In such fort and delafl as Lender shall require. Not operating income" shall mean all cash receipts from the Property less all cash expenditures made In connection with the operation of the Property, Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of 1118 interest or estate created by this Dead of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lander in any capacity, without the written consent of Lender. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Used of Trust unless such waiver is given in writing and aligned by Lender. No delay or omission an the pert of Lender in exercising any right shall operate as a waiver of Such right or any other right A waiver by Lender of a provision of this Deed of Trust shall not iftMud ca or constitute a waiver of Lender's right otherwise to demand strict compliance will that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall oonsthavi a waiver of any of Lender's rights or of any of Grantor's obligations as to any future tmreaotione. Whenever the consent of lender is required under this Deed of Trust, the granting of such consent by Lender in arty instance shall not constitute continuing consent to subsequent instances where such consent Is required and In all cases such consent may be granted or withheld in the sole discretion of Lerder. Severablilty. If a court of competent juredictbn finds arty provision of this Deed of Trust to be Illegal, invalid, or unenforceaNe as to any circumstance, that finding shall not make the offending provision Illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be oonsidered =1111011 SO that It becomes legal, vaild and enforceable. If the offending provision cannot be so modified, It shaft be considered deleted from this Deed of Trust Unless otherwise required by law, the Illegality, invaldlty, or unenforeeabftity of any provision of this Deed of Trust shall not affect the legality, vaildlty or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, thelr successors and assigns, 11 ownership of the Property becomes vested in a person other then Grantor, Lender, without notice to Grantor, may deal with Grantor's succesSOrS with raferanCe to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the Obligations of this Dead of Trust or liability under the Indebtedness. TIM IS of the Esaehee. Time IS of the essence In this padormance of this Deed of Trust Waiver of Hemaeteed Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws Of the State of Colorado as to all Indebtedness secured by this need of Trust DEFINITIONS. The following capitalized wads and temps shaft have the following meanings when used in this Deed of Trust Unless specifically stated to the contrary, alt references to dollar amounts shall mean amounts in lawful mOnay of the United States of America. Words and temp used in the Singular shall Include the plural, and the plural shall include the singular, as the corned may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings atlrttuted to such tarns in the Uniform Commarolal Code: Beneficiary. The word "Benefclary' means Evangelical Christian Credit Union, and Its successors and assigns. Borrower. The Word 'Borrower" means Wellspring Bible Church and includes ell co-signers; and co-makers signing the Note. Deed of TwL The words "Dead of Trust" mean this Deed of Trust among Grantor. Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rants. Default. The word 'Default' means the Default set forth In this Deed of Trust In the section dted'Default'. Environmental Laws. The words 'Fuwlronmerllol Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the envlrenmert, inoludag without Imitation the Comprehensive Envlronmemal Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Sectlon 9801, at seq. ("CERCLA"), the Supedund Amendments and Reauthorization Act of 1986, Pub. L. No. 99.499 ('SARA'), the Hazardous Materials Trensporletlon Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., Chapters 6.5 through 7,7 of Division 20 of the California Health and Safety Code, Section 25100, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto, Event Of Default The words 'Event of Defaulf mean any of the events of default set forth in this Deed of Trust in the events of defaut section of this Deed of Trust 6 W 12/11/2009 10:36 7146715792 CIVIL LOAN SERVICING PAGE 08/11 DEED OF TRUST (Continued) Rage 8 Grantor. The word "Granto' means Wellspring Bible Church. n Guaranty. The word 'Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including /,'•[7Jfy without limitation a guaranty of all or pan of the Nate. Hazardous Substances. The words "Hazardous Substances" moan materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The Words "Hazardous Substances are used in their very broadest Sense anti Include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmentat Laws, The term "Hazardous Substances" also incfudaa, without limitation, petroleum and petroleum by-products or any tractlcm thereof and asbesics. Improvements. The word 'Improvements' means all existing and future improvements, buildings, structures, mobts tomes affoced on the Real Properly, facilities, additions, replacements and other constriction on the Real Property, Indebtedness. The word 'Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with as renewals of extensions of modalaarrdns of, consolidations of and cube to lons for the Note or Related Documents and any arroume expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Dead of Trust, together with interest on such amounts as provided in this Deed of Trust, Lender. The word 'Lender' mane Evangelical Christian Credit Union, its succassore and assigns. Note. The word 'Note" means the promissory note dated may iti, 2004, In the original principal amount of $687,500.00 from Grantor to Lender, together with all renewals of, extensions af, modifications; of, refinancings of, ccnedidauone of, and substitutions for the promissory note or agreement NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Properly" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now ar hereafter aiteched a afltxed ro the Reef Properly; together with all accessions, pans, and adtlitions to, all replacemem9 of, and all sutstlhnlpts for, arty of such properly; anti together with all proceeds {including without Iimltatlon all insumnca proceeds and refurxis of premiums) tram any sale or other dbposalon of the property, PrppeRy. The worcl "property' means collecWely the Real Property and the Personal Property. Real Properly. The words "Real Praperry" mean the real property, Mteresta and fights, a5 tunhar described in this Deed of Trust. Related DocumentA The words "Related Documents' mean all prmris my notes, credk agreements, loan egreemema, environmental agreements, guaranties, security agreements, mortgages, tle~s of trust, aecudty deeds, collateral mortgages, and all other Instruments, agraemarts and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The won! 'Rents' means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: WEL ING BIBLE CHURCH R, Ga , D r of We spring Blbie rch By: V Weimer, Dlraetor of Weftsprfng BIple Church 12/11/2009 10:36 7146715792 CML LOAN SERVICING PAGE 09/11 DEED OF TRUST (Continued) Page 9 ,J~, CORPORATE ACKNOWLEDGMENT STATE OF I.NiL'UILJI./N' ~ 1 Ss COUNT71n~v 1~ ~ On this of ' 20 V before me, the undersigned Notary Public, 01 - p that ersonally appearoda qay, Director Wells g B1We Church , and known 'Fto me to be an authorized agent of the corporation Author] ee D of Trust end acknotvlBdged the Deed of Trust to he the tree and vdhmtary act and deed of the eohporaton, by resolution of b board of directors, for the uses Md purposes therein mertoned, and on Oath stated that he or she is uttadz x thisrpead of Trust and in fact executed the Deed ofYrust~rhdh rnr..,.na,,.~ N and for dte Of N0 or; gTATE Oz. ::...,.,...r _ Jn_..uheC:[N: t:xY1K STATE OF,,, ' P i )ss COUNTY OF On this t day of 20 , before me, the undersigned Notary public, personally =peered Ver , plreeter of WOllsp g Bibb Chinch ,and known to me to be an authofted agent of the corporation that executed ed rust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the oorporatlon, by euthodty I r olutcn Of its board of directors, for the uses and purposes therein mentioned, and on oath stated that he or he is 1A'SR,04 of PVAt and in fact executed the Dead of Trust on behalf of ft coreoreten. Notary Pub o In and for the Ste of Ne jo" l - Isslon ptres I,~? NOTAfqPt e%VtADO 12/11/2009 10:36 7146715792 CML LOAN SERVICING PAGE 10/11 EXHIBIT "All This EXHIBIT 'A' 19 aBached to and by this referantill Is made a part of the Deed of Tfust, dated May IS, 2DD4, and executed In connection with a ban or other financial accommodations between EVANGELICAL CHRISTIAN CREDIT UNION and Weitspring Bible Church . yes Exhibit "A' atmched hereto and made a part hereof. THIS EXHIBIT "A" IS EXECUTED ON MAY 18, 2004, GRANTOR: IAGln ~w VnM1f6 W. f.dagm, C~.lahm ru mMl Bkeem. un. in,. Nb. u reNr.wu"M. . Wm ~ewLJPPoW~MrmnIlRW01.R TM1nm cP910F 12/11/2009 10:36 7146715792 .J 3010 Newland Street CML LOAN SERVICING LEQKL DE9CAXPTS0N May 18, 2004 PAGE 11/11 Lot 1, Faith, Bible Chapel West Subdivision, Together with a 10 foot wide ingress egress easement across part of Lot 2 as shown on the plat of said subdivision, recorded May 25, 1995 at Reception No. F0060389, County of Jefferson, State of Colorado 01/01/2006 00:02 8773933765 ~~oF wwegTq'o m cOtORApO The City of 5TEUEGAY PAGE 03 7500 W, 29th Avenue Wheat Ridge, Colorado 80033 ~ I IL _ _ a w . Wheat Ridge Planning Department 303-235-2846 NOTICE TO MINERAL. ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public bearing. as I of/with l~~u.5~dzt, ~lPrd C t4 (Print name) (Position/Job Title) (Entity applying for pcrmit/approval) (hereinafter, the "Applicant"), do hereby certify that notice of the application for 'A,' 0 5 e, , set for public hearing on (describe type of application) 2001 has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application, L 46 Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this 10 day of _Q l~(?- -,200_% _ 01/01/2006 15:00 8773933765 STEJEGAY PAGE 01 I SUNVV ARY, OF SALIENT FACTS AND CONCLUSIONS i. Location: Northeast cornier of Newland' Street and W. Avenue in the City of Wheat Ridge, Colorado Owner of Record: Wellspring Bible Church Legal Description: Lot i Faith Bible Chapel West Subdivision mining: R-i, Residential One ith frontage of 277.35 feet on r site l Site Description: w a Rectangu YP Avenue and 152.42 feet on. Newland Strget; 52,401 square feet.: . Improvements Description: Two-story garden level cinderblock and brick chinch . l l it. and 'a detached gymnasiuizi structure ora buildin g 1965; 250 seat sanctuaty, officas.and classroortts in the church building; commercial kitchen, spartmt nt. and:gymnasium in the second sbructure;18,339 square feet (gross area m, both buildings). Valuation Date: April 28, 2004 Report Date: May 4, 2004, Assessed Valuation: Land $ 60,780 t improvements.. 8-L5 5,707: Total (2004) $246,350 Valuation: Cost Approach $1,085,000 . Direct Sales Coittparison Approach $1,100,000 FINAL ESTIMATE OF VALUE: $1,100,000 gtowr m w )rotpham. Mdr CITY OF WHEAT RIDGE CITY OF WHEAT RIDGE 12/16/09 9:38 AN cdba 82/19/18 2:57 PM cdbb WELLSPRING BIBILE WELLSPRING BIBLE RECEIPT NO:CDB883967 AMOUNT 88 248 RECEIPT NO:CDA803464 FNSD ZONING APPLICATION F AMOUNT 208.00 FMSD ZONING REIMBURSEMENT . ONE Z ZREIM PAYMENT RECEIVED AMOUNT PAYMENT RECEIVED 1359 AMOUNT 206.00 CK 1372 248.88 240.08 CK TOTAL 288.88 TOTAL a1 o~ o a) N O co 4) O .0 O s s. 4) o V m O M C3 cm .5 z N 00 ME: 7 0 ~w OW U~ W ao:llm a~ O a W O° Lo M OQ J 2 a~ O~ V LLJ J W am v c) ~z J ~ g~ UJ W J CL W U) 3., b0 L a ~o 0 v~J a s 0 'd- 3~ i z w CL N N W d J Q CL 0 N M Cfl T-: 3010 Newland Street Wheat Ridge CO 80214 303.237.4400 11/30/2009 Letter to Neighbors: The Wellspring Bible Church located at 3010 Newland Street is requesting a Special Use Zoning Permit from the City of Wheat Ridge to allow a child care program to operate at their facility. A neighborhood input meeting will be held at The Wheat Ridge City Offices located at 7500 W. 29`h Ave in the second floor conference room on December 8 at 6 PM. A child care program operated ten years ago here and Wellspring plans to reinstate this service. The Church has the desire to provide a quality early learning program for children six weeks to twelve years old and offer this program at a considerable lower cost to families in the immediate Wheat Ridge neighborhood. We are proposing to allow the facility to have a maximum of 60 children. The hours of operation will be Monday through Friday from 7:00 AM to 5:30 PM. It is hoped to start this early childhood training at the first of 2010. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. If you want input in the decision-making process, it is imperative that you attend the public hearing. If you have any questions, please call the Planning Division at: (303) 235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: City of Wheat Ridge Community Development Department 7500 West 29 h Avenue Wheat Ridge, Colorado 80033 Sincerely, Steve Gay - Pastor HURLBURT PAUL J JAIDINGER HOWARD W PRNELAS THOMAS TITO 6617 W 32ND AVE JAIDINGER DANNETTE C 2734 W 35TH AVE WHEAT RIDGE CO 80033 6845 W 36TH PL DENVER CO 80211 WHEAT RIDGE CO 80033 ANDERSON FERN V GREAT ENTERPRISES LLC 6315 W 32ND AVENUE LLC 6505 W 32ND AVE PO BOX 12694 752 S PEARL ST WHEAT RIDGE CO 80033 DENVER CO 80212 DENVER CO 80209 OWENS STEPHANIE M GABRIEL ELIZABETH R SCHIESS ROBERT A 6351 W 32ND AVE 6605 W 32ND AVE GARRETT LAURIE M WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 6643 W 32ND AVE WHEAT RIDGE CO 80033 BALLINA EDUARDO S PITTS MICHAEL R BALLINA HEDWIG BUTLER BARBARA LANE PEGGY J 2205 RICKOVER PL 3205 KENDALL ST PO BOX 282 WINTER GARDEN FL 34787 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80034 STEFFEN WARREN BILL J & BARBARA J MCCOOK BELLIO FRANCES STEFFEN JERALDINE TRUST 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MICHAEL G BILLSTONE MARGARET G 6767 W 31ST AVE LUTREY BARBARA A 3145 KENDALL ST WHEAT RIDGE CO 80214 6625 W 31 ST AVE DENVER CO 80214 WHEAT RIDGE CO 80214 ONEILL PATRICIA ANN TANNER WILLIAM P BURTON CLEO HEFNER JAMES H 6705 W 31ST AVE BURTON LAVENA 3091 LAMAR ST WHEAT RIDGE CO 80214 1972 10TH ST WHEAT RIDGE CO 80214 LAVERNE CA 91750 ZOLNOWSKY MATTHEW SABO DIANE M HOMCHICK SHARON M 3755 TENNYSON ST B 3100 LAMAR ST 6580 W 31 ST AVE DENVER CO 80212 WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 LILLO LAWRENCE HOLT BEVERLEY A MYERS HOLLY D LILLO FLORENCE V 6440 W 31 ST AVE 1800 CODY ST 3004 KENDALL ST WHEAT RIDGE CO 80214 LAKEWOOD CO 80215 WHEAT RIDGE CO 80214 YOUNG G RANDY THOMPSON ARDYS E HUGHES WARREN R 3135 KENDALL ST 6540 W 31ST AVE 6630 W 31ST AVE DENVER CO 80214 WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 O HARA DONALD NEGRI JON NELSON CHURCH OF CHRIST OF WAY CYNTHIA NEGRI DEBORAH ROSE WHEATRIDGE 3040 LAMAR ST 3070 KENDALL ST 6610 W 31 ST AVE WHEAT RIDGE CO 80433 DENVER CO 80214 WHEAT 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BT _ DENVER - CO 80209 6315 W - _ _ 32ND F-- _ AVE WHEAT RIDGE CO 80033 _ _ RESID OWENS STEPHANIE M 6351 1 W W 32ND AVE - WHEAT RIDGE G CO _ 80033 6351 W 32ND AVE WHEAT RIDGE _ CO- - 80033 REBID GABRIEL ELIZABETH R 6605 W 3 32 ND AVE WHEAT RIDGE CO _ 80033 6605 W -32ND AVE WHEAT RIDGE CO 80033 REBID SCHIESS ROBERT A GARRETT LAURIE M 6643 W 32ND AVE _ WHEAT RIDGE _ CO 80033 _ _6643 W - 32ND - AVE WHEAT RIDGE CO 80033 REBID BALLINA EDUARDO S _ BALLINA HEDWIG 2205 RICKOVER PL WINTER GARDEN FL 34787 6595 W 32ND AVE WHEAT RIDGE CO 80033 REBID PITTS MICHAEL R BUTLER BARBARA 3205 - _ KENDALL ST- WHEAT RIDGE CO 80033 3205 _ _ KENDALL - _ ST WHEAT RIDGE CO 80033 REST) LANE PEGGYJ - PO BOX 2 8 2 - - WHEAT RIDGE--- IDGE - CO 80034 6405 W 32ND AVE WHEAT RIDGE CO 80033 REBID PRNELAS THOMAS TITO - 2734 W - . _ _ 35TH AVE DENVER CO 8 0211 6465 W _ _ 32ND AVE WHEAT RIDGE CO 80033 REBID BILL J & BARBARA J MCCOOK TRUST 160 FOREST - ST _ _ DENVER CO _ _ 80220 6250 W - 32ND AVE WHEAT RIDGE CO 80033 RESID BELLIO FRANCES 3195 KENDALL ST WHEAT RIDGE _ _ CO _ 80214- 3195 KENDALL ST- WHEAT RIDGE CO 80214 MULTI STEFFEN WARREN STEFFEN JERALDINE - 6306 W 32ND AVE WHEAT RIDGE CO 80033 _ 6306 W _ 32ND AVE WHEAT RIDGE CO 80033 PESO EVENDORFF FAMILY TRUST 3175 LAMAR ST WHEAT RIDGE CO 80214 3175 LAMAR ST WHEAT RIDGE CO 80214 RESID SIEH JEFFERY _ SIEH CRISTEN 6440 W 32ND AVE - WHEAT RIDGE CO 80033 6440 W 32ND AVE WHEAT RIDGE CO 80033 RESID PALFYGEORGE MAX PALFY AGATHAA 6480 W 32ND AVE WHEAT RIDGE- CO 80033_ _ -6480 W 32ND AVE WHEAT RIDGE CO 80033 RESID LUXNER JAMES P - - LUXNER JEANETTE P 6500 _ W 32ND - AVE - - WHEAT RIDGE CO 80033 6500 _ W _ 32ND AVE WHEAT RIDGE CO 80033 RESID CHURCHILL MARK CHURCHILL CYNTHIA - - 1851 - - WINFIELD DR LAKEWOOD CO 80215 _ 6540 W - 32ND AVE WHEAT RIDGE CO- - 80033 RESID MAIERS MARILYNJ - 9420 W - 51ST AVE ARVADA CO 80002 6580 W 32ND AVE _ - _ WHEATRIDGE CO 80033 RESID HAFER DON T HAFER RACHEL E 3190 NEWLAND ST WHEAT RIDGE CO 80214 3190 NEWLAND ST WHEAT RIDGE CO 80214 REBID WADEJESSICAA 6600 W _ 32ND AVE WHEAT RIDGE co- 8o633 32ND AVE WHEAT RIDGE CO 80033 RESID WAITS MARK A - TIDWELL KRISTIN R - 6620 W 32ND AVE _ WHEAT RIDGE - - CO 80033 6620 W _ 32ND AVE WHEAT RIDGE CO 80033 _ RESID MADRID MICHAEL MADRID BRENDA _ 6640 - _ W 32ND AVE _ WHEAT RIDGE - CO- 80033 6640 W _ 32ND- AVE WHEAT RIDGE CO 80033 REBID FONG LYNDA S 6680 W _ 32ND AVE - - _ WHEAT RIDGE CO 80033 - 6680 W 32ND - AVE WHEAT RIDGE CO 80033 RESID HEEP PHILLIP T 6740 W 32ND AVE WHEAT RIDGE _ _ CO 80033 6740 W 32ND AVE WHEAT RIDGE CO 80033 RESID GALBRAITH SHERRILLM 3185 KENDALL ST _ WHEAT RIDGE - CO 80214 31 _ 85 KENDALL ST WHEAT RIDGE CO 80214 MULTI ROSSILLON EDWIN C _ 6505 W 31ST AVE- WHEAT RIDGE CO 80214 6505 W 315T AVE WHEAT RIDGE CO 80214 REBID JOY STANLEYE JOY LILLIEP 6545 W 31ST - AVE _ _ WHEATRIDGE CO 80214 - 6545 W - 31ST_ AVE_ WHEAT RIDGE CO 80214 RESID RODRIGUEZ MIGUELA RODRIGUEZ TERESAA 6585 W 31ST - AVE WHEAT RIDGE - CO 80214 6585 W 31ST AVE WHEAT RIDGE CO 80214 RESID FORD TAMERA _ 00 3100 NEWLAND ST WHEAT T RIDGE CO 80214 31 310000 NEWLAND ST WHEAT RIDGE CO 80214 REBID BILL J & BARBARA J MCCOOK TRUST 160 _ FOREST ST DENVER CO 80220 6250 W 32ND AVE WHEAT RIDGE CO 80033 RESID JOHNSON HEATHER LEIGH 3160 _ LAMAR _ ST WHEAT RIDGE CO 80214_ 3160 _ _ _ _ LAMAR ST WHEAT RIDGE CO 80214 _ MULTI GALBRAITH SHERRILLM 3185 KENDALL ST WHEAT RIDGE CO 80214 3185 KE N DALL ST WHEAT RIDGE CO 80214 MULTI FEDAK EUGENE - FEDAK THEODOSIA - _ 3175 KENDALL ST _ WHEAT RIDGE CO 80214 3175 _ _ _ KENDALL _ ST LAKEWOOD _ CO _ 80214 MULTI MACLEAN MALCOLM MACLEAN KAYLA 3137 NEWLAND ST _ - _ DENVER CO 80214 3137 _ NEWLAND _ _ ST WHEAT RIDGE CO 80214 MULTI HOFSETZ ALLEN CORY 6405 W 31ST AVE WHEATRIDGE _ CO__ 80214- 6405 W 31ST AVE WHEAT RIDGE CO 80214 REBID KEOHLER GROVER PLAYDON MARYC 6445 W _ 31ST AVE WHEATRIDGE . CO 80214 6445 _ W _ 31ST AVE WHEAT RIDGE CO 80214 RESID HAGERMAN C NATHAN 6455 W _ - 31ST AVE_ _ WHEAT RIDGE _ - CO 80214 6455 W _ 31ST AVE WHEAT RIDGE CO - 80214 REBID ALENIUS ERICA ALENIUS AUDREYL ALENIUS BLAIRA 3150 LAMAR ST WHEAT RIDGE CO 80214 3150 LAMAR ST WHEAT RIDGE_ CO 80214 MULTI BERLIN SARAH A BERLIN GEORGEA - 3155 KENDALL ST WHEAT RIDGE CO 80214 3155 KENDALL ST WHEAT RIDGE CO 80214 MULTI SHIRLEYJ GRAVES REVOCABLE TRUST 6390 E 64TH PL COMMERCE CITY CO 80022 3160 KENDALL ST WHEAT RIDGE CO 80214 MULTI SABO BERTHA J 3110 LAMAR ST WHEAT RIDGE CO 80214 3110 LAMAR ST WHEAT RIDGE CO 80214 MULTI COSTANTEN MICHEALJ - - - 66 65 W_ 31ST AVE _ WHEAT RIDGE CO 80214 _6665_ W 31ST AVE WHEAT RIDGE _ CO 80214 REBID LUTREY MICHAEL G LUTREY BARBARA A 6625 W 31ST AVE WHEAT RIDGE CO 80214 6625 W 31ST AVE WHEAT RIDGE CO 80214 REBID COSTANTEN MICHEALJ 6665 W _ 31ST AVE WHEAT RIDGE _ CO 80214 6665 _ W _ 31ST _ AVE WHEAT RIDGE CO 80214 REBID STEINHEIMER RANDYE STEINHEIMER CYNTHIA 6605 _ W 31ST _ AVE _ WHEAT RIDGE CO 80214 _ 6605 W 31ST _ AVE WHEAT RIDGE _ CO 80214 REBID TANNER WILLIAMP 6705 W - 31ST AVE WHEAT RIDGE CO 80214 6705 W 31ST AVE WHEAT RIDGE CO 80214 RESID CARVER VANE 6 6735 W 31ST AVE WHEAT RIDGE CO 80214 6735 W 31ST AVE WHEAT RIDGE CO 80214 REBID JOHNSON ELIZABETH ANNE _ 6767 _W _ - 31ST - - _ AVE WHEAT RIDGE CO _ 80214 6767 W _ 31ST _ AVE- WHEAT RIDGE CO_ 80214 REBID _ - SABO DIANEM 3100 _ - LAMAR ST WHEAT RID E G GO 80214 310 0 LAMAR ST WHEARIDGE T CO 80214 MULTI BILLSTONE MARGARET G 3145 KENDALL ST - _ _ _ DENVER- _ CO 0214 _ 3145 KENDALL_ ST - WHEAT RIDGE CO 80214 MULTI ONEILL PATRICIA ANN HEFNER JAMESH - - 3091 _ LAMAR ST _ WHEAT RIDGE - CO O 80214 3091 LAMAR ST WHEAT RIDGE CO 80214 RESID HOLT BEVERLEYA BURTON CLEO BURTON LAVENA ZOLNOWSKY MATTHEW THOMPSON ARDYS E HOMCHICK SHARON M LILLO LAWRENCE LILLO FLORENCE V NEGRI JON NELSON NEGRI DEBORAH ROSE MYERS HOLLY D YOUNG G RANDY GRAFF WILLIAMA GRAFF ROSANNE GRAFF NICHOLAS HUGHES WARREN R HUGHES WARRENR WESELOH GLEN M WESELOH TINA E _ CHURCH OF CHRIST OF WHEATRIDGE WESELOH GLEN M WESELOH TINA E WESELOH GLEN M WESELOH TINA E BOYCE ROBERTK O HARA DONALD WAY CYNTHIA AMOROSIA JOSEPHF - HARVEY ERIKA HARVEY MARTIN LILLO LAWRENCE 1111 LO FLORENCE V HARVEY ERIKA HARVEY MARTIN QUALTERI FAMILY LIVING TRUST - - - JAMESON BRUCE JAMESON CHERYL FAITH BIBLE CHAPEL WEST INC WELLSPRING BIBLE CHURCH - BRYAN MICHAEL KEVIN BRYAN JENNIE QUALTERI FAMILY LIVING TRUST QUALTERI FAMILY LIVING TRUST - MALLORY RICK L MALLORY CINDY L GRAFF WILLIAM A GRAFFROSANNE GRAFF NICHOLA HARVEY ERIKA HARVEY MARTIN QUALTERI FAMILY LIVING TRUST _ QUALTERIFAMILY LIVING TRUST FALL MIKE JOSEPH PARRISH SCOTT MICHAEL Z AR RA JOY KA THLEE N ELHARD SERENA _ _ _ _ _ _ CRAWFORD HELENR KASTNING KENNETH P - - KASTNING CHERYL L _ KASTNING KENNETH P - _ KASTNING CHERYL L BARTOLOMEO THOMAS A SARCONE DEBBIE J HELFRICH MICHAEL G HELFRICH ROMANA A GIPE RANDALL S GIPS SHARON K GIPE J U D Y L CRAWFORD HELENR - _ _ _ _ HYLAND PATRICK HUGHES TRACEYA JONES JANE S CORY ROBERT M FISHER DAVID L FISHER NANCY _ KAUFMAN NOAH H BLOOM ALAN BOHLINE SUE BAASO GLENNR _ _ _ MARTINEZ HOWARD T CHANDLER CHAD M DAWN CHANDLER SWIADER THEODORE SWIADER DONNA 6440 W 31ST _ AVE_ _ WHEAT RIDGE CO 80214 6440 W 31ST AVE WHEAT RIDGE CO_ _ 80214 RESID 1972 10TH ST LAVERNE CA 91750 6480 W 31ST AVE WHEAT RIDGE CO 80214 RESID 3755 TENNYSON ST B DENVER CO 80212 6530 W 31ST AVE WHEAT RIDGE CO 80214 RESID _ 6540 W 31ST _ AVE WHEAT RIDGE CO 80214 6540 W 31ST AVE WHEAT RIDGE CO 80214 RESID 6580 W 31ST AVE WHEAT RIDGE CO 80214 6580 W 31ST AVE WHEAT RIDGE CO 80214 RESID 3004 KENDALL ST WHEAT RIDGE CO 80214 3004 KENDALL ST WHEAT RIDGE CO 80214 RESID 3070 KENDALL ST DENVER CO 80214 3070 KENDALL ST WHEAT RIDGE CO 80214 RE SID 1800 CODY ST LAKEWOOD CO 80215 3007 JAY ST WHEAT RIDGE CO 80214 RESID 3135 KENDALL ST DENVER CO 80214 3135 KENDALL ST WHEAT RIDGE CO 80214 MULTI PO BOX 12641 DENVER CO 80212 3005 JAY ST WHEAT RIDGE CO _ 80214 REBID 6630 W - 31ST AVE - WHEAT RIDGE GO_ 80214 6630 W 31ST AVE WHEAT RIDGE CO 80214 REBID _ _ 6630 W 31ST AVE - WHEAT RIDGE CO 80214 6630 W 31ST AVE WHEAT RIDGE CO 80214 RESID 6730 W 31ST AVE WHEAT RIDGE CO _ 80214 _ 6730 W 31ST AVE WHEAT RIDGE _ CO 80214 REBID 6610 W 31ST _ AVE WHEAT RIDGE CO 80214 6610 W 31ST AVE WHEAT RIDGE CO 80214 COMMR 6730 W 31ST AVE _ WHEAT RIDGE CO 80214 6730 W 31ST AVE WHEAT RIDGE CO 80214 REBID 6730 W 31ST _ AVE WHEAT RIDGE CO 80214 6730 W 31ST AVE WHEAT RIDGE CO 80214 REBID 3090 NEWLAND ST WHEAT RIDGE CO 80214 3090 NEWLAND ST WHEAT RIDGE CO 80214 REBID 3040 LAMAR ST WHEAT RIDGE CO 80433 3040 LAMAR ST WHEAT RIDGE CO 80214 MULTI 3125 KENDALL S7 WHEAT RIDGE CO 80214 3125 KENDALL ST DENVER CO 80214 MULTI 3002 LAMAR ST WHEAT RIDGE CO 80214 3002 _ LAMAR ST WHEAT RIDGE CO 80214 REBID 3004 KENDALL ST WHEAT RIDGE CO 80214 3004 KENDALL ST WHEAT RIDGE CO 80214 REBID _ 3002 LAMAR ST WHEAT RIDGE CO 80214 3002 LAMAR ST WHEAT RIDGE CO 80214 REBID 21422 MAIN AVE GOLDEN CO 80401 3001 KENDALL ST WHEAT RIDGE CO 80214 MULTI 6760 W 31ST AVE WHEAT RIDGE__ _ CO 80214 6760 W 31ST AVE WHEAT RIDGE CO 80214 REBID VACANT LAND WHEAT RIDGE CO 80214 3010 NEWLAND ST WHEAT RIDGE CO 80214 _ 3010 NEWLAND ST WHEAT RIDGE CO 80214 3010 NEWLAND ST _ WHEAT RIDGE CO 80214 COMMR 3045 LAMAR ST WHEAT RIDGE CO 80214 3045 LAMAR ST WHEAT RIDGE CO 80214 RESID 21422 MAIN AVE GOLDEN _ CO 80401 3001 KENDALL ST WHEAT RIDGE CO 80214 MULTI 21422 MAIN AVE GOLDEN CO 80401 3001 KENDALL ST WHEAT RIDGE CO 80214 MULTI _ 6497 W 30TH AVE _ - WHEAT RIDGE CO 80214 6497 W 30TH AVE WHEAT RIDGE CO _ 80214 RESID PO BOX 12641 DENVER CO 80212 3005 JAY ST WHEAT RIDGE CO 80214 RESID 14135 LEXINGTON CIR BROOMFIELD - CO 80023 3000 KENDALL _ ST WHEAT RIDGE CO 80214 MULTI _ 3002 LAMAR ST _ WHEAT RIDGE CO 80214 3002 LAMAR ST WHEAT RIDGE CO 80214 RESID 21422 MAIN AVE - GOLDEN CO 80401 3001 KENDALL ST WHEAT RIDGE CO__ 80214 MULTI_ 21422 MAIN AVE GOLDEN - CO 80401 3001 KENDALL ST - WHEAT RIDGE - - - - - CO 80214 _ MULTI 3005 NEWLAND ST _ W WH HEATR RIDGEOG CO 80214 3005 NEWLAND ST T WHEA RIDGE CO 80214 REBID 6405 W 30TH AVE WHEAT RIDGE CO 80214 6405 W 30TH AVE WHEAT RIDGE CO 80214 RESID 3001 JAY ST WHEAT RIDGE CO 80214 3001 JAY ST WHEAT RIDGE CO 80214 RESID 6755 W 30TH AVE WHEAT RIDGE CO__ 80214 6755 W 30TH AVE WHEAT RIDGE CO 80214 RESID 3003 NEWLAND ST WHEAT RIDGE CO 80214 3003 NEWLAND ST WHEAT RIDGE CO 80214 RESID 3003 NEWLAND ST WHEAT RIDGE CO 80214 3003 N_ EWLAND ST WHEAT RIDGE CO 80214 REBID 6655 W 30TH AVE WHEAT RIDGE CO 80214 6655 W 30TH AVE WHEAT RIDGE CO 80214 RESID 6685 W 30TH AVE WHEAT RIDGE CO 80214 6685 W 30TH AVE WHEAT RIDGE CO 80214 RESID 6695 W 30TH AVE WHEAT RIDGE CO 80214 6695 - W 30TH _ AVE WHEAT RIDGE CO 80214 REBID 6725 W 30TH AVE WHEAT RIDGE CO 80214 6725 W 30TH AVE WHEAT RIDGE CO 80214 RESID 6755 W _ 30TH AVE WHEAT RIDGE CO _ - 80214 6755 W _ 30TH AVE WHEAT RIDGE CO 80214 RESID 2380 HARMONY PAR DR WESTMINSTER CO 80234 6330 W 30TH AVE WHEAT RIDGE CO 80214 MULTI 6340 W 30TH AVE WHEAT RIDGE CO 80124 6340 W 30TH AVE WHEAT RIDGE CO 80124 MULTI 1699 S TRENTON ST 55 DENVER CO 80231 VACANT LA 2990 MARSHALL CT WHEAT RIDGE CO 80214 2990 MARSHALL CT WHEAT RIDGE CO 80214 REBID 6550 W 30TH AVE WHEAT RIDGE CO 80214 6550 W 30TH AVE WHEAT RIDGE CO 80214 REBID PO BOX 19765 BOULDER CO 80308 6580 W 30TH AVE WHEAT RIDGE CO 80214 REBID 3000 NEWLAND ST - _ WHEAT RIDGE _ CO 80214 _ 3000 _ _ NEWLAND _ ST WHEAT RIDGE_ CO 80214 REBID 2990 KENDALL ST WHEAT RIDGE CO 80214 2990 KENDALL ST WHEAT RIDGE CO 80214 REBID _ 1407 FALCON _ - - PL - - ERIE _ CO 80516 2985 - KENDALL ST WHEAT RIDGE _ _CO _ 80214 MULTI 2980 KENDALL ST WHEAT RIDGE CO 80214 2980 KENDALL ST WHEAT RIDGE CO 80214 RESID KEITHLEY PATRICIA ANN 6760 W 30TH AVE WHEAT RIDGE CO 80214 6760 W 30TH AVE WHEAT RIDGE CO 80214 RESID VANDEBURGH BENJAMIN B VANDEBURGH HEATHER - 2998 NEWLAND ST WHEAT RIDGE CO 80214 2998 NEWLAND ST WHEAT RIDGE CO 80214 RESID WHITAKERCARY 6630 W 30TH AVE WHEAT RIDGE CO 80214 6630 W 30TH AVE _RIDGE WHEAT CO 80214 RESID BARCKHOLTZ JUDITH A BARCKHOLTZ ROB E RT J 6650 W 30TH A VE WHEAT RIDGE CO 80214 6650 W _ _ 30TH AVE WHEAT RIDGE CO 80214 RESII D WELLS COLIN - _ _ _ 6670 W 30TH - _ AVE- WHEAT RIDGE CO 80214 6670 W 30TH AVE WHEAT RIDGE CO 80214 _ _ _ RESID JESSOP CHRISTINE E JESSOP_TY J 6730 W 30TH WHEAT RIDGE CO 80214 6730 W 30TH AVE WHEAT RIDGE CO 80214 RESID HYLAND PATRICK 2380 HARMONY PAR DR WESTMINSTER CO 80234 _ 6350 W 30TH AVE MULTI eECKER ROBERTR _ 6690 W 30TH - - AVE WHEAT RIDGE CO 80214 6690 W 30TH AVE WHEAT RIDGE CO 80214 8N Vi RESID DAVENPORT BENJAMINE 6363 W 29TH AVE WHEAT RIDGE CO 80214 6417 W 29TH AVE WH WHEATRIDGE - CO - 80214 RESID DISANTO FRANKR - 2998 - MARSHALL CT WHEAT RIDGE CO 80214 2998 - _ _MARSHALL _ CT WHEAT RIDGE CO 80214 RESID VINCENT KATHERINE M . - - - - 2995 NEWLAND ST WHEAT RIDGE CO 80214 2995 NEWLAND ST WHEAT RIDGE CO 80214 RESID BORYSMICHAJLO 2955 MARSHALL CT WHEAT RIDGE CO 80214 2955 MARSHALL L _ CT _ W HEAT RIDGE CO 80214 MULTI BARBIS FREDERIC C _ 2970 KENDALL ST WHEAT RIDGE CO 80214 2970 KENDALL ST WHEAT RIDGE CO 80214 RESID CLEMENT D&JACQUELINE ABISANT TRUS - 2980 NEWLAND ST _ DENVER CO 80214 2986 NEWLAND ST WHEAT RIDGE CO 80214 MULTI FIRST SPANISH ASSEMBLY OF GOD 6475 W 29TH AVE WHEAT RIDGE CO 80214 6475 W 29TH AVE WHEAT RIDGE CO 80214 COMMR 2482 S STEELE LLC - % CRAIG COO PO BOX 524 INDIAN HILLS CO 80454 2950 OTIS CT WHEAT RIDGE CO 80214 MULTI BEGEMAN_ GABRIELLE A BROOKS KELCEY DAVID 6363 W 29TH AVE WHEAT RIDGE CO 80214 6363 _ W _ 29TH AVE WHEAT RIDGE CO 80214 RESID CLEMENT D& JACQUELINE A BISANT TRUS 2980 NEWLAND ST DENVER CO 80214 2986 NEWLAND ST WHEAT RIDGE CO 80214 MULTI WELLER RITAE 3290 INGALLS ST WHEAT RIDGE CO 80033 2945 KENDALL ST WHEAT RIDGE _ CO 80214 MULTI HYLAND PATRICK 2380 - HARMONY PAR DR WESTMINSTER CO 80234 6370 W 30TH AVE WHEAT RIDGE CO 80124 _ _ HYLAND PATRICK - 2380 HARMONY PAR DR WESTMINSTER CO 80234 6370 W 30TH AVE WHEAT RIDGE CO 80124 CLEMENTD & JACQUELINE A BISANT TRU_ S 2980 NEWLAND ST WHEAT RIDGE CO 80214 2980 _ NEWLAND ST WHEAT RIDGE CO 80214 RESID HAWKINS HAROL_D_W_ LIFE ESTATE - - HAWKINS MARY A LIFE E - 6675 W 29TH AVE WHEAT RIDGE CO 80214 6675 W 29TH AVE WHEAT RIDGE CO 80214 RESID WELLER RITAE 3290 INGALLS ST WHEAT RIDGE CO 80033 2945 _ KENDALL ST WHEAT RIDGE CO 80214 MULTI INGALLS LINDAA 12275 CLAUDE CT WHEAT RIDGE CO 80214 6415 W 29TH AVE WHEAT RIDGE CO 80214 MULTI CITY OF WHEAT RIDGE 7500 W 29TH AVE _ LAKEWOOD CO 80215 VACANT LA CLEMENTD & JACQUELINE A BISANT TRUS 2980 NEWLAND ST WHEAT RIDGE CO 80214 2980 NEWLAND ST WHEAT RIDGE CO 80214 RESID WHEATRIDGE RECREATION DISTRICT - PO BOX 638 WHEAT RIDGE CO 80033 VACANT LA 2482 S STEELE LLC % CRAIG COO[ PO BOX 524 INDIAN HILLS CO 80454 2950 OTIS CT WHEAT RIDGE CO 80214 _ MULTI EUGENE KIEFEL TRUST 2935 KENDALL ST WHEAT RIDGE CO 80214 2935 KENDALL ST WHEAT RIDGE CO 80214 RESID FUNK WILLIAM A FUNK LEAH P 2930 _ OTIS _ CT WHEAT RIDGE CO 80214 2930 OTIS CT WHEAT RIDGE CO 80214 RESID FUNK WILLIAMA - FUNK LEAHP 2930 TIS O CT WHEAT RIDGE _ CO 80214 - 2930 _ OTIS - - _ CT WHEAT RIDGE CO _ 80214 RESID BATHE BRUCE D _ BATHE LINDA J 6411 _ W _ _ 29TH _ AVE WHEAT RIDGE CO 80214 6 411 W 29TH AV E WHEAT RIDGE CO 80214 RESID WHEATRIDGE RECREATION DISTRICT PO BOX 638 WHEAT RIDGE CO 80033 . _ VACANT LA _ _ _ _ _ GREENO DAVIDR 2915 KENDALL ST WHEAT RIDGE CO 80214 _ 2915 KENDALL ST WHEAT RIDGE CO 80214 RESID GOODE THERESAL 9029 W ARIZONA OR LAKEWOOD CO 80232 6409 W 29TH AVE WHEAT RIDGE CO 80214 RESID CARPENTER WANDA D _ BETZ DESIREE KAE 3165 - - _ KENDALL - ST WHEAT RIDGE CO. 80214 _ 3165 _ _ - - - _ KENDALL ST WHEAT RIDGE CO 80214 _ MULTI- SERSANTE ROSEMAR_I_E 3050 LAMAR ST WHEAT RIDGE CO 80433 3050 LAMAR ST _ WHEATRIDGE CO 80214 MULTI MYERS HOLLYD 1800 C ODY ST LAKEWOOD CO 80215 __-.30 07 JAY ST WHEAT RIDGE CO 80214 RESID HAWKINS HAROLD W LIFE ESTATE HAWKINS MARY A LIFE E 6675 W _ 29TH AVE _ WHEAT RIDGE CO 80214 6675 W 29TH AVE RIDGE CO 80214 R ESID NOBLEKRIS ROBERT _ 2991 MARSHALL CT WHET AT RIDGE O 80214 1 299 MARSHALL CT WHEAT RIDGE CO 80214 RESID PECHACEKJ JOHN - 6320 W 30TH AVE WHEAT RIDGE CO 80214 6310 W 30TH AVE WHEAT RIDGE CO 80214 MULTI WELLER RITAE 3290 INGALLS ST WHEAT RIDGE CO 80033 1 2955 KENDALL ST WHEAT RIDGE CO 80214 MULTI HYLAND PATRICK - 2380 HARMONY PAR DR WESTMINSTER CO 80234 6370 W 30T14 AVE WHEAT RIDGE CO 80124 SNYDER KURT E SNYDER TAMERA 6530 W 30TH AVE WHEAT RIDGE CO 80214 6530 W 30TH AVE WHEAT RIDGE CO 80214 RESID EL N W N el H e m m ' o'.t~r x : m % zoc; z r h`L; H LL R OFFICIAL ZONING MAP WHEAT RIDGE COLORADO a ~ DEPARTMENTOF PLANNING AND DEVELOPMENT NW 25 x 3 PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) SW 25 ® 0 100 z 500 P,e MAP ADOPTED: June 15, 1994 Last Revision: September 10. 2i N N 18/21/89 CITY OF WHEAT RIDGE WELLSPRING BIBLE CHU CITY OF WHEAT RIDGE 12/08/89 9:29 AM edba WELLSPRING BIBLE CHU RECEIPT F 109.08 ZONE FMSD ZONING MISCELLANEOUS 3.08 ZOMI PAYMENT RECEIVED AMOUNT CK 1351 183.00 TOTAL 183.88 RECEIPT F AMOUNT ZONE 280.08 PAYMEN1326 T RECEIVED AMOUNT CK TOTAL 200.80 288.88 f City of WheatI" j le MUNITY DEVELOPMENT Wheat Ridge Community Development Department PRE-APPLICATION MEETING SUMMARY Meeting Date: Applicant(s): Address/Phone: Attending Staff: Site Location: Existing Zoning: Existing Comprehensive Plan: Existing Site Conditions: October 22, 2009 Steve Gay Kelly Haggan 15400 W. 64s' Avenue #117 Arvada, CO 80007 303-830-2064 Meredith Reckert - Senior Planner Adam Tietz - Planner Wellspring Bible Church 3010 Newland Street Wheat Ridge, CO 80033 R-1, Residential-One Single Family Detached Residential and Existing Two Family Conforming Structures and Lots (not to exceed 6 du's per acre) The property is 1.2 acres in size and is zoned R-1. There is an existing structure on the western portion of the site which houses the sanctuary, education rooms and offices. Another structure of a Quonset but design is located to the east of the sanctuary building. It contains an athletic gymnasium. Attached to the gym are a kitchen and a separate apartment unit. The remainder of the property is a graveled parking lot and landscaped areas. Applicant/Owner Preliminary Proposal: The applicant is proposing to add a large child care facility on the site using the existing buildings. The classrooms within the buildings will be utilized to accommodate up to 48 children. In the past the church facility has operated a daycare center that had up to 90 children at it. Will a neighborhood meeting need to be held prior to application submittal? A neighborhood meeting will be required prior to submitting an application for a Special Use Permit. Planning comments: The parcel on which the action is being requested is zoned Residential One, R-1. The intent of thi: district is to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. The property is located at the northwest corner of W. 30'' Avenue and Newland Street. The surrounding properties are low-density residential developed as single and two-family dwellings with R-1 and R-2 zoning. A church in the R-1 zone district is categorized as a Special Use. Anytime a church plans for an expansion or additional uses that are ancillary to the church, it requires the approval of a Special Use Permit. A special use permit was granted to the church in 2008 in order to allow for the construction of a second story to the east side of the gymnasium structure. Building permits for this addition have not been received to date. Since there are no site improvements, proposed with this request a drainage report will not be required. No parking lot paving is required with the exception of the handicapped parking spaces. A site plan will not be required with this application as there are no changes proposed to the existing building footprints. Process: The first step in the process began with the pre-application meeting in which the applicant met with staff to talk about initial concerns, answer questions the applicants may have had, and inform the applicants the processes that they are required to go through. The second step that is required by the community development department will be to conduct a neighborhood meeting. For this meeting, the applicants must inform all property owners and residents, via mail or hand delivery, within a 600 foot radius of the property on which the action is being taken. The Community Development Department will supply the applicant with a list of the all property owners in the radius. The meeting should be coordinated with the assigned staff member who will attend and take notes. A fee of $100 is required for staff time at the meeting. A sample of this letter is found in the pre-application meeting packet and can be used as a template. However, changes to the letter should be made to suit the applicant, including the letterhead. The meeting will be led by the applicants and should inform those who attend what is being proposed. After the neighborhood meeting is held, the applicant may submit their application for a Special Use Permit. Upon submittal, the assigned staff will review and comment on the project. The project will simultaneously be referred to other departments and utility companies for their comments. The staff planner will inform the applicant if further changes need to be made based on comments of others or their own, or if they meet all requirements. 2 When all requirements are met, the applicant will be required to post a sign on the property for ten days informing citizens of the action being proposed. Normally, if no legitimate objections are received regarding the action on the property the Special Use Permit can be approved administratively. If there are objections that are received in the ten day posting period a hearing will be set before City Council. If a is hearing required before City Council the case planner will present evidence to support their recommendation of approval, approval with conditions, or denial. The public will also be allowed to give testimony in support of or against the request for the special use permit. The City Council makes the final decision on the request by making a motion for approval, approval with conditions, or denial. Building department comments: Building was not present at the meeting. Comments will be made upon application submittal. Public Works comments: Public Works was not present at the meeting. Depending on the numbers children at the daycare center, a traffic report may be required. Additional comments will be made upon application submittal. Attachments: Pre-application transmittal sheet, Special Use Permit packet Phone Numbers Meredith Reckert - Senior Planner 303-235-2848 Adam Tietz - Planner I 303-235-2845 John Schumacher - Building Official 303-235-2853 Dave Brossman - Development Review Engineer 303-235-2864 Mark Westberg - Special Projects Engineer 303-235-2863 Ryan Stachelski - Economic Development Specialist 303-235-2806 W' 10/15/2009 Wheat Ridge Staff: ~ k 3010 Newland Street Wheat Ridge CO 80214 Wellspring is proposing a special use permit on the church property located at 3010 Newland Street. The purpose of the request is to allow the church to run an early childhood training center that will not be religious based, but rather designed for anyone that lives nearby. Previously, the church had a center that ran 90 children and the church building would meet the state licensing requirements, with a few modifications to bring it up to the present standards of the state. An example of one of those changes is the playground equipment. Therefore, this SUP would not alter the building, either internally or exterior look. We understand we are a church with an awkward zoning of R-1 relative to virtually all of our activities. That being understood, our goal is to be an asset and a service to the residents in our neighborhood, which is changing demographically to one where more children live. One of the most challenging needs in our vicinity is for parents to be able to find quality training and care for their children, at a price that is reasonable. Also, there are very few child care facilities within one mile of our location. Child care is very geographically driven. Parents want the nearest location possible to ease their constant transportation of their child. If it can be a quality education, enhance a child's performance at school, and cost less, or the same as other alternatives; then we feel this will help. Wheat Ridge residents, businesses, and local economy. The attached addendum will give more specifics of the economic issues, the need for early childhood training, changing demographics and its positive impact in the future of the child. Many studies have shown the correlation between good early childhood training and improved future educational performance, employment, and community contributions. We feel this is more about enhancing the community than it is about zoning restrictions, and therefore the staff, community and eventually the city council will find in favor of the SUP. Sincerely, Steve Gay - Pastor Wheat Ridge area. It is difficult for parents to go back to work and become successful without the support and access to high quality learning experiences for their children. We have attached our fee schedule in comparison to the surrounding competitors in the Wheat Ridge area. While we are confident we can still make a marginal profit, it is more important for us to provide high quality affordable child care services to the Wheat Ridge community for as many children as possible. We have also attached some facts from a 2008 report from the Colorado Children's Campaign. We feel these statistics are in direct correlation to helping us achieve our goals of providing quality care. We are asking to increase this capacity utilization to 60 children in order to better service this community. The reason for the number is as follows: 1) The greatest area of need is in four distinct categories: infants, toddlers, preschool and school age children. 2) In order to do so, and meet the state requirements of children per teacher, room size, group size, etc., teaching quality, economic efficiencies at least 5-6 rooms are needed. 3) Assuming we offer services in each of these categories, then we would have an average of 10 children per room, or 60 maximum total. 4) The fixed costs of materials, improvements, staff needed to run 60 children will allow the center to pass on the lower costs and lower group sizes to the parents. With only 48 children, this becomes very difficult. Tentative Classroom Plans Classroom 1 Infants 1:4 ratio Classroom 2 Toddlers 1:4 ratio Classroom 3 Preschool 1:7 ratio Classroom 4 Preschool 1:10 ratio Classroom 5 School Age 1:15 ratio Group size capacity 8 Group size capacity 8 Group size capacity 14 Group size capacity 10 Group size capacity 15 In conclusion, we believe providing and investing in high quality early childhood programs is the best thing a community can do if they want to help close the achievement gaps in schools. Huge performance gaps on state assessments between low income students and their wealthier peers continue to grow in Colorado. The data is very clear that these gaps can be minimized when all children have opportunities to attend high quality early childhood programs and are then, prepared to successfully enter elementary school. (Denver Post Editorial 10/6/09) Sincerely, Steve Gay Pastor Kelly Hagan, Director