6A - Use Review #LUR2000-0003, Boulder Montessori to increase enrollment and size, 3300 Redstone RoaCITY OF BOIILDER
PLANNING BOARD AGENDA ITEM
MEETING DATE: April 19, 2001
(Agenda Item Prepazation Date: Apri16, 2001)
AGENDA TITLE:
Continuance from March 1, 2001, of the public hearing and consideration of a request for
Use Review (LUR 2000-0003) to allow the Boulder Montessori to increase enrollment by 15
students and 2 staff, and to increase the size of the existing structure by an additiona1979
squara feet of floor area for an additional classroom, for a total of 6,724 square feet located at
3300 Redstone Road. This property is zoned LR-D (Low Density Residential - Developing).
Applicant/Owner: Boulder Montessori School
REQUESTING DEPARTMENT:
Planning Department
Peter Pollock, Planning Director
Robert O. Cole, Director of Project Review
Don Durso, Case Manager
OVERVIEW:
The Planning Board is being asked to consider an expansion of the existing Boulder
Montessori Schoo] to add a one-story addition (approximately 16 feet in haight) totaling 979
square feet, located at the rear of the existing facility (to the southeast). Total floor area
would increase from 5,750 to 6,724 squara feet. The Applicant is also requesting to increase
enrollment to 90 children (an increase of I S students) and add two staff inembers in the
morning.
At the public hearing held on March 1, 2001, the Planning Boazd considered this proposal.
The hearing was continued with direction to tha Applicant to pixrsue negotiations with the
HOA regarding the parking and traffic concerns that the Board and neighbors expressed at
the hearing. The Applicant and the Homeowners' Association have met on a number of
occasions, and have entered into a parking lot use agreement, and amended site plan which
addresses the issues to tha satisfaction of both parties. Staff recommends approval of the
proposal based upon ihat agreement.
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s:\plan\pb-items~nemoslddmontessori.memo.wpd AGENDA ITEM #b& Paee 1
STATISTICS:
Application:
Project Name:
Location:
Size of Tract:
Zoning:
Comprehensive Plan:
KEY IS5UES:
Use Review/Minor Modification to an existing Site Review
Boulder Montessori School Use Review
3300 Redstone Road
36,164 square feet
LR-D (Low Density Residential-Developing)
LR (Low Density Residential)
1. Will the proposed increase in students and staff at Boulder Montessori School be
reasonably compatible with, and have minimal negative impact upon, the surrounding
residential azeas in terms of traffic, noise, and congestion?
2. Does the proposal provide a direct service and convenience to or reduce adverse impacts
to the surrounding neighborhood?
BACKGROUND:
Project Site and Review History
The site is located at the south edge of the Shanahan Ridge VIII Condominium Planned Unit
Development ("PUD"). The site is located at 3300 Redstone Road, at the northeast corner of
Redstone Road and Lehigh{Greenbriar, and is surrounded by condominium units to the north, a
small open space area to the east, and single-family homes and Open Space and Mountain Parks
area to the west (see vicinity map attached to the Mazch 1, 2001 memorandum).
In 1976 the Shanahan Ridge filing VIII PUD was approved, which allowed for a daycaze with up
to 75 students. The daycare was required to have a minimum of 15 parking spaces on-site. The
school was built in 1979. It appeazs that the school has had 10-11 spaces on site, the remainder
of which occurs on the Shanahan Ridge VIII Homeowners Association ("HOA") property under
an informal shared parking arrangement with the HOA since that time.
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Current Proposal
The original PUD approved for an enroltment of 75 children. Currently the school has 7G
students enrolled, with 12 staff parsons working in the morning, and 8 in the afternoon.
The proposal is to increase the approved enrollment at the school by 15 students, to have 90
studants in the school at any one time. The applicant also proposes to increase staff from the 12
staff to 14 staff in the moming. No additional staff would be added in the afternoon.
Site Changes
The Boulder Montessori School proposes to increase the size of the structure by 979 square feet
to provide an additional classroom.
ANALYSI5:
StafPs analysis of the key issues is presented below. The two key issues relate to meeting the
Use Review Criteria. '
Will the proposed increase in students and staff at Boulder Montessori 5chool be
reasonably compatible with, and have minimal negative impact upon, the
surrounding resideptial areas in terms of traffic, noise and congestion?
At the public hearing on March 1, 2001, the Planning Board considered this proposal. A number
of residents of the HOA appeared at the hearing, and addressed their concerns regarding tha
parking and traffic situation at the site. After consideration of the proposal and public comment,
the Planning Board continued the hearing until April 19, 2001, with direction to the applicant to
pursue negotiations with the HOA regarding Yhe concerns voiced at the hearing, specifically
parking and traffic, special event parking, and whether additional parking could be
accommodated on the site.
The Applicant and the HOA met twice to discuss and negotiate terms of an agreement, which
staff attended. Providing additional parking at this location was briefly considered, but neither
party was interested in pursuing this option. Both sides agreed that the issues could probably be
resolved through a use agreement for the parking lot, and would rather not pave over naturally
vegetated areas that would be the most likely location for additional parking spaces. The parties
discussad daily use of the site as well as special events.
The parties recently executed a"Parking Lot Use and Maintenance AgreemenY' (Attachment A),
which staff reviewed and found acceptable. This agreement has an original term of 5 years.
Staff recommends approval of this Use Review with the requirement that a parking lot agreement
be in place, but not to tie this specific agreement to the Use Review. The reason is so that as
issues arise, the parties can revisit the agreement, renegotiate it as necessary, and maintain
flexibility in the process. An amended site plan is attached to that agreement, which is intended
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s:\planlpb-items~memos\ddmontessori,memo.wpd AGENDAITEM#6B Paee 3
to replace the site plans submitted in the App]icanYs proposal, and be incorporated in[o the Use
Review approval.
2. Does the proposal provide a direct service and convenience to or reduce adverse
impacts to the surrounding neighborhood?
This analysis remains the same as the Marchl, 2001 Planning Board memorandum.
PUBLIC COMMENT AND PROCESS:
Required public notice was given in the form of written notification mailed to all property
owners within 600 feet of the subject property and a sign posted on the property for at least 10
days. Al] notice requirements of Section 9-4-2, B.R.C. 1981 have been met. The Planning
Board agenda was published in the Daily Camera.
Correspondence that was included in the previous memorandum. One additional letter is
attached to this memorandum as Attachment B.
STAFF FINDINGS AND RECOMMENDATION:
Staff finds that the application satisFies the Use Review criteria, as specified in Section 9-4-9,
B.R.C., 1981, and recommends that the Planning Board approve Use Review # LUR2000-00003,
incorporating this staff inemorandum, and the staff inemorandum of March 1, 2001 with the
following conditions of approval:
RECOMMENDED CONDITIONS OF APPROVAL
The Applicant shall comply with all previous requirements of the 1976 and 1980 prior
approvals for the Shanahan Ridge VITI Planned Unit Development.
2. The Applicant shall be responsible for ensuring that the development is constructed,
maintained, and operated in compliance with the App]icanYs Use Review documents
dated October 25/27, 2000, and December 4, 200Q except as amended by the site plan
attached to the Parking Lot Use and Maintenance Agreement, dated Apri15, 2001.
The Applicant shall maintain a parking lot use and maintenance agreement with the
Shanahan Ridge VIII Homeowners Association at all times. At such time the agreement
is renegotiated, the ApplicanY shall submit the draft ageement to the City Planning
Department for review and approval prior to adoption by the parties to the agreement.
A. The Applicant shall not expand or modify the approved use, except pursuant to
Subsectian 9-4A(g), B.R.C. 1981.
The Applicant shall continue to provide Eco-passes to all employees.
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s:\plan\pb-items~nemos\ddmontessori.memo.wpd AGENDA ITEM #bi Page 4
Construction traffic, including delivery of materials, shall be allowed upon the schooi site
only. None of the shared parking spaces shall be used by construction equipment,
materials, or construction workers' vehicles during construction.
The Applicant is limited to a maximum of 90 students on campus at any one time.
Approved By:
eter Pollock '
Planning Director
ATTACHMENTS:
Attachment A:
Attachment B:
Parking Lot Use and Maintenance Agreement, dated
Apri15, 2001
Public Correspondence
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s:\plan\pb-items~rrtemos\ddmontessori.memo.wpd AGENDA ITEM # i6 Paee 5
ATTACHMENT A
Parking Lot Use Agreement RevE.dce
Parking Lot Use and Maintenance Agreement
Boulder Montessori School BMS} and Shanahan Ridge VIII Home Owners Associatioo (IiOA)
Preamb/e:
P se: The purpose of this Agreement is to oudine the manner in which Boulder
Montessori.School ("BMS") and the Shanahan Ridge VIII Condominium Homeowners
Association ("HOA") will share the use and maintenance of the parking lot..
Pro e: Pazking spaces on southwest side of pazking lot (#5-11, see Exhibit A) aze BMS
prop~rty. Parking spaces in the center island (#20-35), on west side of lot (#12-19),
spaces #1-4, #36-37, as well as the fire lane / trash access aze Shanahan VIII HOA
property (see Exhibit A). BMS has easements to access tha school and its pazking spaces
through the West entrance to the parking lot.
Usaee: 'The parking lot with 37 lots and 8 garages serves BMS, the residents of Shanahan
Ridge VIII HOA on the Redstone side (16 units; 8 two-bedrooms and 8 one-bedroom
condos), as well as guest and overtlow parking for the Cripple Creek side of HOA (24
units: 12 two-bedroom and 12 one-bedroom condos, but only 12 gazages and 16 lot
spaces). Fire lane, trash hauling, and`drop-off access (approximately 13'6", see Exhibit
A) exists on the southeast corner of the lot. Parking garages (8) exist for the two-bedroom
condos on the Redstone side of HOA only.
BMS uses the lot for staff and teacher parking, as well as child drop-off and pick-up by
parents, typically Monday-Friday during the day only. There aze also several evening
schoo] events during the yeaz. This agreement regulates the shared maintenance of the
lot, and attempts to provide adequate number of pazking spaces for all parties involved.
We distinguish between "parking" and short-Yerm stopping to drop off or pick up children
(typically less than 15-30 minutes).
The pazking lot is private property of BMS and HOA only. Pazking of hikers accessing
open space trails is not pernutted. A parking permit policy will be implemented to
identify illegally parked and trespassing parkers not associated with either BMS or HOA.
Goai: Efficiently use and shaze the existing parking spaces between BMS and HOA without
creating problems for the involved partners or the community, such as lack of pazking
spaces, excessive use, or excessive overflow into the neighborhood streets.
BMS and HOA had historically different positions on their respective rights to use the
parking lot. This agreement is to regulate the use and maintenance of the lot.
ll. Use Agreement
BMS will have exclusive day (M-F, 7 am - 6 pm) and Special Event use of spaces #1-11
immediately in front of BMS. BMS and HOA share the use of spaces #5-11 at a11 other
dmes. These spaces are identified in the Site Plan, a copy of which is attached as Exhibit
A. The primary use of the spaces #1-11 shall be for drop-off and pick-up, as we11 as
pazking For handicapped and less mobile BMS visitors.
2. This does NOT include the fire lane / trash access and drop off zone in the southeast
corner next to space #1. This area cannot be used for parking by either party.
3. Six of the parking spaces (#25-30) located in the center of the pazking lot, and the two
spaces #36-37 in between the garages are exclusively reserved for use by the owners of
A~ende item i lO~ Page ~ ~v .
Parking Lot Use Agreement Rev-E.doc
Page - 2
the specifiad one-bedroom condominium units. The remaining ten pazking spaces
located in the center of the parking lot (#20-24, #31-35, see Exhibit A), and the eight
spaces on the west side of the lot (#12-19) shall be reserved for pazking use by parking
permit holders only.
4. Between 7 am and 6 pm, Monday through Friday ("business hours"), BMS families may
use all of the pazking lot (except for spaces #25-30, and #36-37 reserved for specific
condominium owners) for the drop off and pick up of BMS students only.
5. BMS will be provided with four parking permits for its teachers and related personnel to
use in the parking lot. Teachers and related personnel using such permits may pazk
during business hours in any open space of the pazking lot (except for spaces #25-30, and
#36-37, reserved for specific condominium owners).
6. Soecial Events: BMS has unlimited use of parking spaces #1 through 11 for all Special
Events the School may host. BMS will not use any other part of the parking lot for
Special Event pazking. BMS will provide the HOA with seven days advance notice of all
Special Events. Specifically, BMS will post notices concerning Special Events on both
of the bulletin boazds used by the condomuuums and will provide flyers to tt-e
condominium owners. BMS will also provide BMS families with informarion
concerning alternative parking locations and alternative transportation options for Special
Events. BMS will provide parking lot monitors during Special Events and during the first
week of each school term, to ensure that these policies are followed.
7. BMS will attempt to minimize congestion in the pazking lot by staggering student start
times, as well as encourage or facilitate alternative transportation options such as ECO-
pass, ride shaze / car pool, bike or walk for both parents and staff.
8. BMS will add the following language to its tuition contracts, and remind pazents annually
of the existing pazking policies:
We share our parking lot with the condominium owners who live immediately to the
North and East of the School. Our use and the condominium owners' use of the parking
lot is governed by an agreement designed to meet all of our porking needs. BMSfamilies
have unlimited access to t&e I1 parking spaces in front of the school for student drop ofJ''
and pick up and for Special Events. The remainder of the parking lot (except for spaces
that are reserved and clearly marked for specific condominium owners) is available for
overJlow drop oJj and pick up stopping during the school's business hours. Drop o,fJ`'and
pick up stops on the overflow spaces are timited to 15 minutes maximum. You may be
towed ifyou exceed these limits. "Overflow" spaces are not available for Special Event
parking.
9. HOA will inform and remind owners and renters annuaily about the pazking use
agreement and encourage residents to use assigned resident parking spaces. HOA will
inform residents that spaces in front of school (marked #1-11) aze for school use only
Mo-Fr 7 am - 6 pm and during Speciat Events, and that residents shall not use these
Agenda Item ~ ~A Page # _.L_.-
Parking Lot Use Agreement Rev-E.doc
Page - 3
spaces duting these times. Resident cazs left on spaces #1-11 during BMS business hours
or Specia( Events may be towed.
10. BMS will do whatever it can to enforce its responsibilities under this Agreement. HOA
wil) do whatever it can to enforce its responsibilities under this Agraement. BMS will
enforce the parking use agreement during Special Events, the times with highest
probability for conflict and lack of parking for all parfies involved. This may include
pazking monitors, special signage or blockage of the lot through `orange cones', or any
other means agreed upon by BMS and HOA to help ensure a conflict-free use of the
pazking lot. .
lll. M81Rt@R8t1C@
1. BMS and HOA must agree on all parking lot maintenance projects in advance. The HOA
property management organization shall provide HOA and BMS Boazds of Directors
copies of all proposals and bids with the opportunity to review and approve bids in
advance on all pazking lot maintenance projects in excess of $500. HOA will manage the
maintenance of the parking lot. This inctudes activities such as snow removat, seal or re-
surface, renew striping or signage as necessary, and issue of all packing permits.
2. $MS will pay for 70% of all maintenance work and management costs on the pazking lot,
while the HOA will pay for the remaining 30% of the parking lot cost. The HOA will
manage and pay for such work, and bil] BMS for its share. A new cost shaze may be
negotiated in case of changes.
3. The term "maintenance work" as used in pazagraph 2 above includes all parking lot
maintenance such as snow removal, striping, repair or resurfacing), and management of
the appropriate timing, HOA and BMS approval, and contracting for these activities.
4. The purchase and installation of "wheal stops," the purchase, installation and
maintenance of new signage for the parking lot, and management of these activities, will
also be shazed according to the established cost share agreement.
5. The repair of any damage to the parking lot clearly associated with extraordinary events
such as construction traffic for either HOA or BMS shall be the responsibility of the party
(HOA or BMS) initiating the extraordinary event.
6. Payments shall be made to HOA by BMS within 30 days upon receipt of bills from HOA.
Interest at the then current prime rate witl be charged for any late paytnents.
IV. Signage
Pwvose: Signage on the parking lot entrances should clearly show the private property nahue of
the parking lot and deter non-HOA and non-BMS users from using the parking lot.
Signage shouid also clearly show reserved parking spaces for residents of HOA, and fire
lane and drop-off access. Primary means of educating HOA residents and BMS users of
the parking lot use agreement should be through newsletters and parent-school contract.
Agentla Item # ~g Page # ~ '
Parking Lot Use Agreement Rev-E.doc
maintenance will be shared under the maintenance agreement.
Page - 4
New pazking lot signs in the form attached as Exhibit B shali be installed in the pazking
tot in furttierance of the use agreement. A,copy of Exhibit B is attached hereto and
incorporated by reference herein. The cost for the uutial signage and signage
2. The HOA property manager shall review the text of the signage to assure that in the event
that an automobile is towed from the parking lot, such action does not create unwanted
legal tiability to the HOA and/or the BMS. All text sha11 be modified if required to avoid
unwanted legal liability. The use of tow-away service proprietary company signage in
place of, or in addition to that shown in Exhibit B shall be approved by the HOA and
BMS.
3. Wheel stops shall prevent blockage of the sidewalk. Fire lane / drop-off / trash access
shall be clearly mazked (yellow striping and / or raised surface features as feasible): Signs
should be high enough and visible even in winter with snow cover.
VI
Contingencies
1. This Agreement is contingent upon:
(1) The HOA and its members' withdrawal of their objections before the Planning Boazd
to the School's proposed expansion.
(2) The Planning Board's approval of the proposed expansion.
2. Specifics of this agreement shall be re-negotiated in case it becomes void due to the
contingencies listed under paza. 1 above, or the school does not proceed with the
expansion of the school.
VlI Terms and Conditfons
1. This agreement sha11 be valid inidally for 5 yeazs, and may be re-negotiated thereafter.
2. BMS and HOA wilt meet semi-annually to discuss any issues (maintenance work, issues
of enforcing patking agreement), and may amend this agreement as necessary by
agreement of both parties.
Agreed upon:
Signed by: ~.~~ ^~ Qn~a~~ J~~C ~l All Pn~J
~the MS or the HOA
V j w President BMS President HOA
4~510~ y/~/~\
Date Date
Agenda ftem ~~Page # 9
Parking Lot Use Agreement Rev-E.doc
Page - 5
Eghibif A: Parkine Lot Lavout:
Eight garages used for twabedroom candos, center istand (#ZO-24, #3 (-35} used for HOA condo pazking, spaces
#1-11 for school drop-off (primary day use), spaces 12-19 and unreserved center island spaces for shazed pazking
use by HOA residents and BMS staff with permits. Spaces #25-30, and #36-37 reserved for one-bedroom condos.
Additional on-sueet parking typically available on Redstone Road, and pazking bay between Redstone and Crippie.
Creek on Lehi Street.
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Parking Lot Use Agreement Rev-E.doc
Exhibit B - Sisaaee
Page - 6
The terms of the Parking Lot Use and Maintenance Agreement are incorporated by reference
herein. The following are ill~strations of the type of signage, which BMS and HOA will
consider installing in the parking lot: .
Parking Lot Eatrances off Redstone Road:
Purpose: Deter non-BMS and non-HOA users from using lot.
Signage: "No Trespassing - Private Property - Pazking by Permit Only - Vehicles without
~ permit will be towed at owner's expense."
Reserved Spots in Center Island (#25-30, #36-3'~:
Purpose: Assigned to specific one-bedroom condo owners.
Signage: "Reserved for 3xxx Redstone Rd. Only."
West-side (#12-19) and Noa-assigned Ceuter Island Spaces (#20-24, #31-35):
Purpose: Reminder that these spaces are for parking permit holders ONLY. Anybody with
pernut (HOA or BMS) can pazk here. It is understood that any open space is fair
game for drop-off / pick-up (< 15 minutes).
Signage: "Permit Parking Only - Vehicles without permit will be towed at Owner's
Expense."
Drop-off spaces / School Spaces on south side:
Purpose: Reminder that these spaces are for drop-off only. HOA residents must move their
cars by 7 am.
Signage: "BMS Drop-off / Pick up Only - M-F, 7 am - 6 pm. Permits only all other
times."
Aandicap Space:
Signage: As mandated by law.
Agenda Item q ~°A Page # _.!1_
Parking Lot Use Agreement Rev-E.doc Page - 7
Pronosed Si¢ns (The followine sisns are aroposed onlvl.
All signs on posts {rather than painted on ground), large lettering, red on white reflective background.
Entrance to lot (4 signs, Ie8 and right, on either of the two entries). Parents, residents and guests `know' that they
can enter based on parent - school coniract / HOA newsletter. Add, as necessary, signs from towing company.
No Trespassing
Private Property
Parking by Permit Only
Vehicles without permit will be
towed at owner's expense.
On spaces #25 - 30 for individual condo owners. Nobody but the assigned owner should pazk in these spaces:
Reserved for
3xxx Redstone Rd.
Only
Non-assegned spaces in center island and west side of lot (drop-off / pickup is NOT parking, i.e„ allowed on open
parking spaces). A parent car would not be towed, as it is not parked (> IS-30 minutes), but only temporarily
stopped (typically < IS-30 minutes}. Cars without permit may be towed.
Permit Parking Only
Vehicles without petmit will be
towed at Owner's Expense
(BMS 15 minute drop-off / pickup)
In frort of school (outside 7 am - 6 pm, other residents with pertnits may pazk there, but must move cars by 7 am J.
BMS may request from HOA that resident cars left dwing business hours may be towed;
BMS Drop-off / Pick up
Mo-Fr 7am-6pm.
Permits only, all other times
Next to space 1 on drop off / fue lane / trash access aroa (yellow striped on ground, 13'6" per Exhibit A):
Fire Lane Drop-Off only
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