HomeMy WebLinkAboutresolution.apz.009-93RESOLUTION OF THE ~SPEN P~~N(~ ~ ZON~N(~ COt4N~SS~ON ~ENDTN(~ THE
ORI(~rN~.L CONDITION~,.L USE ~.PPROV~.L FOR ~ D~.Y C~RE CENTER TO EXP~'D
THE CONDITIONAL USES TO ALLOW EDUCATIONAL RELATED USES LOC&TED &T
NORTH (~R.~ISCH STREET~ ~SPEN COLO~O
Resolution No. 93- ~
WHEREAS, the Early Learning Center, the applicant, received
a conditional use approval in April of 1991 to operate a day care
center in the old Yellow Brick School; and
WHEREAS, a day care center is a conditional use in the R-6
(Medium Density-Residential) zone district; and
WHEREAS, the applicant now requests to expand the permitted
uses in the building to include educational related uses that
although primarily applicable to children could include adult
oriented educational related uses also; and
WHEREAS, pursuant to Section 24-5-201 a public and private
academic school is a conditional use review requiring a public
hearing; and
WHEREAS, the Planning and Zoning Commission held a public
meeting June $, 1993; and
WHEREAS, the Commission heard presentations from the staff and
the applicant's representative, and took public comment; and
WHEREAS, many res idents of the community appeared in
opposition and support of the ELC's proposal; and
WHEREAS, those residents that were in opposition to ELC's
proposal were primarily neighbors that criticized the evening use
of the building because of noise and lights, and the traffic and
congestion associated with the day care operation and they feared
an increase in those impacts with expansion of uses in the
building; and
WHEREAS, those residents in support of the expanded use
believed many of the negative impacts could be mitigated, and the
ELC filled a vital community need and if the building were more
efficiently used it would not be as costly for the ELC to maintain;
and
WHEREAS, the Commission was advised by the City Attorney that
any decision must be based upon the standards of review for a
conditional use review (Section 24-7-304) and the land use issues
related to the use of the building in the R-6 zone district; and
WHERE~S, the Commission revised the conditions of approval to
restrict the evening hours of operation to 8:30 pm, 7 days a week
except for the occasional and infrequent use of the building by the
primary tenants and better defined the number of employee in the
building before mitigation is required.
NOW, THEREFORE BE IT RESOLVED by the Commission that it does
hereby approve the conditional use for educational related uses in
the Early Learning Center with the following conditions-
1. The primary use of the building and the focus of the programs
shall continue to be day care operations and related programs for
children. If the primary use of the building becomes non-Early
Learning Center or an alternative day care and child related
program, any proposed use shall be reviewed pursuant to Section 24-
7-304 of the Municipal Code.
2. Educational related uses shall mean those uses that are
compatible with day care (use, traffic patterns, security and less
impactive than children) with a priority given to child related
education (e.g. parenting/child birth classes). In addition, other
educational related uses (besides child related), may be allowed
such as educational research, classroom or instructor-oriented
activities, and seminars and workshops. However, conditional uses
in the building shall not be construed to mean personal artist
studios that are not child care or educational related.
3. The building shall not be used beyond 8:30 pm, 7 days a week
except for the occasional and infrequent use of the building by the
primary tenants.
4. The ELC shall install block out shades to reduce visual impacts
in the neighborhood.
5. The applicant shall be prepared to discuss the number of days
in a week that the building will be used at the Commission public
hearing.
6. The ELC shall develop a loading/unloading and parking plan.
The plan should consider: signing of Bleeker street parking for
patron use of the building only, enlarging the loading zones at
either end of the building, relocation off the site of Wildwood
drop-off, and alternative exiting location for Waldorf School
preferable onto either Garmisch or First street. Said plan shall
be reviewed and approved by the Parking Director, and Planning and
Engineering Departments on or before August 2, 1993.
7. The applicant shall confirm with the Environmental Health
Department that space proposed for the new educational related uses
has been mitigated of radon hazard.
8. The ELC commits that there will be no more FTE's on-site than
the previous Yellow Brick School.
9. Ail representations made in the application and at the public
hearing shall be adhered to by-the applicant during the operation
of this conditional use.
10. The applicant shall make a presentation to the Planning and
Zoning Commission at their regularly scheduled meeting August 17,
1993 to verify that all the conditions of approval have been met
and there are no violations of this conditional use approval.
1993.
APPROVED bY the Commission at its regular meeting on June 8,
Attest:
~y City
Clerk
Planning ~ Zonin/~/4~ommission:
Bruce Kerr, Chairman '
Date Signed /~~~~~