PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item:

Staff Report

03/24/08

 

ITEM NO. 7:     SPECIAL USE PERMIT FOR DAY CARE CENTER AT FIRST STEP FACILITY (JCR)

 

SUP-01-01-08: Special Use Permit for a Day Care Center at First Step Facility, located at 3015 West 31st Street.  Submitted by Bartlett & West Inc. for DCCCA Inc., property owner of record.

 

 

STAFF RECOMMENDATION:     Planning Staff recommends approval of SUP-01-01-08, a Special Use Permit for a day care center at First Step Facility located at 3015 West 31st Street, based upon the findings presented in the body of the staff report and subject to the following conditions:

 

1.      Issuance of a Floodplain Development Permit;

2.      Execution of a Site Plan Performance Agreement;

3.      Publication of an ordinance per Section 20-1306(j);

4.      Provision of a copy of the Health Department license prior to operation to be included in the record file of this application;

5.      Provision of a revised Site Plan to show the following:

a.      A general note which states “The Day Care Center is operated by DCCCA, Inc.  The special use permit shall be subject to administrative review if a different operator is proposed.”

b.      A general note which states “The Day Care Center shall serve only the dependent children of women residing onsite.  The special use permit shall be subject to administrative review if the center begins providing care to children who reside offsite.”

 

 

Applicant’s Reason for Request:

Per Section 20-507 the current rehabilitation facility is allowed to have a Class A Day Care Home, which allows for the care of 12 or fewer individuals.  This request for special use is to grant this facility to be classified as a Day Care Center and allow the care of greater than 12 individuals.  DCCCA was founded in 1974 as the Douglas County Citizens Committee on Alcoholism.  In 1996, DCCCA merged with First Step House and has operated a residential alcohol and drug treatment program for women and children since that time.  First Step at Lake View began operations at 3015 West 31st Street on July 1, 2007 and is zoned as an extended care facility.  As an extended care facility we are permitted to operate a day care home which can provide daycare to a maximum of twelve children.  Our daycare home is currently operational and licensed by the Kansas Department of Healthy and Environment.

 

First Step at Lake View is licensed by Kansas Social and Rehabilitation Services to provide sixty beds of residential alcohol and drug treatment for women 18 years of age or older and their dependent children, 12 years of age or younger.  We are requesting a special use allowing us to operate a daycare center that can accept more than twelve children.  Our current daycare area has space for at least another eight slots.  This special use will allow us to be more responsive when mothers with multiple children present themselves for treatment.  Our daycare services are only available to women participating in our treatment program and are not open to the community.

 

 

KEY POINTS

·         The proposed use will operate in association with First Step Facility at Lake View, an existing drug and alcohol treatment facility for women aged 18 and older.

·         The existing drug and alcohol treatment facility is classified as an Extended Care Facility, General by the Development Code and is permitted in the RMO (Multi-Dwelling Residential / Office) District.

·         The subject property was rezoned to RMO in 2007 to permit the existing use.  The Planning Commission recommended approval of the rezoning on March 28, 2007 and the City Commission approved the rezoning on April 17, 2007.  The City Commission adopted the rezoning by Ordinance #8113 on June 12, 2007.

·         The Development Code distinguishes Day Care Homes from Day Care Centers.  Day Care Homes permit the care of 12 or fewer individuals.  Day Care Centers permit the care of 13 or more individuals. 

·         The applicant currently operates a Day Care Home (a use permitted by right in residential districts) and seeks the ability to operate a Day Care Center to provide care for 13 or more children.

·         Day Care Centers require Special Use Permit approval when located in a residential zoning district.

 

FACTORS TO CONSIDER

·         Procedural requirements of Section 20-1306; Special Use Permits

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Issuance of a Floodplain Development Permit.

·         Publication of an ordinance per Section 20-1306(j).

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

Notified nearby property owner contacted staff regarding clarification of the proposed use and inquiring of the distinction between Day Care Homes and Day Care Centers.

 

 

GENERAL INFORMATION

Current Zoning and Land Use:         

 

RMO (Multi-Dwelling Residential - Office) District. Existing residential treatment facility with day care home and associated outdoor play area.

Surrounding Zoning and Land Use:         

RS-10 (Single-Dwelling Residential District – 10,000 square feet) to the east and south; undeveloped and located within City limits.

 

A (Agricultural) District to the northeast; residential dwelling located outside City limits.

 

UR (Urban Reserve) District to the north; residential dwelling located inside City limits.

 

A (Agricultural) District to the west; undeveloped and located outside City limits.

Site Summary

 

Legal Description

Lot 1, First Step Facility

Location

3015 West 31st Street

Property Area

7.562 acres

Use Classification

Day Care Center

Existing Buildings

26,230 sf; no building addition or expansion is proposed

Required Off Street Parking

Existing Extended Care Facility, General: 1 space / 3 beds

60 beds / 3 = 20 spaces required

 

Proposed Day Care Center: 1 space / 1.5 employees + 4 spaces

3 employees + 4 spaces = 6 spaces required

 

Total Off-Street Parking Required

26 spaces

Total Off-Street Parking Provided

33 (includes 3 ADA accessible spaces)

 

Summary

DCCCA, Inc. operates First Step Facility at Lake View.  The First Step Facility is a residential drug and alcohol treatment facility that serves women aged 18 and older and their dependent children.  As such, onsite childcare is provided.  The applicant has operated a Day Care Home from the facility since July, 2007.  By definition, Day Care Homes are limited to 12 or fewer children.  The applicant seeks the ability to provide care to 13 or more children which reclassifies the use to a Day Care Center.  A Special Use Permit is required to permit Day Care Centers in residential zoning districts.

 

Review and Decision-Making Criteria (20-1306(i))

 

1.         WHETHER THE PROPOSED USE COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS DEVELOPMENT CODE

 

The proposed use is for a Day Care Center as defined per section 20-1720(3) of the Development Code.  The proposed use is permitted in the RMO district subject to the approval of a special use permit. Specific use standards applicable to Day Care Centers are set out in section 20-507.  These standards require a four foot tall wall or fence between the outdoor play area associated with the Day Care Center and any adjacent residentially-zoned property.  The site plan shows the outdoor play area located on the north side of the existing structure.  This side of the property lies adjacent to a property zoned UR with an existing residence.  The site plan shows a four foot tall fence on the north side of the outdoor play area.  Staff has identified specific notes that are required on the face of the site plan to comply with site plan standards of the Development Code. The proposed use, as conditioned complies with the provisions of the development code.

 

Staff Finding – The proposed use, with conditions, is compliant with all applicable provisions of the Development Code.

 

2.        WHETHER THE PROPOSED USE IS COMPATIBLE WITH ADJACENT USES IN TERMS OF SCALE, SITE DESIGN, AND OPERATING CHARACTERISTICS, INCLUDING HOURS OF OPERATION, TRAFFIC GENERATION, LIGHTING, NOISE, ODOR, DUST AND OTHER EXTERNAL IMPACTS

 

The applicant does not propose any new development on the subject property and approval of the Special Use Permit will not alter the base zoning district.  Adjacent properties consist of a mix of undeveloped land and residential dwellings.  The proposed use is a Day Care Center that provides care to the dependent children of women who reside at the First Step Facility residential drug and alcohol treatment center.  Day Care Centers permit the care of 13 or more children and as such they are a more intense use than a Day Care Home.  The proposed use does not represent a new use of the property but an increase in intensity of one of the existing uses.  The proposed use permits an increase in the number of children which will not impact operating characteristics such as traffic generation, hours of operation noise, odor or other external impacts.  No additional exterior lighting is proposed for the subject property and the applicant has added a note to the site plan which states that any future exterior lighting shall require the submittal of a photometric plan.  The proposed use, with conditions, is found to be compatible with the adjacent uses.

 

Staff Finding – The proposed use is compatible with adjacent uses.

 

3.        WHETHER THE PROPOSED USE WILL CAUSE SUBSTANTIAL DIMINUTION IN VALUE OF OTHER PROEPRTY IN THE NEIGHBORHOOD IN WHICH IT IS TO BE LOCATED

 

The property was originally developed as a nursing home a use which is classified as an Extended Care Facility in the Development Code.  The property has been used for similar purposes since originally developed.  The current use is a residential drug and alcohol treatment center, a use also classified as an Extended Care Facility.  The proposed use consists of a Day Care Center which is distinguished from Day Care Home (present use) by the number of children served. The proposed use does not represent the introduction of a new use to the subject property only the intensification of an existing use.  The proposed use is associated with the onsite treatment facility and will serve as a care provider for the children of women residing at the facility.

 

Staff Finding –The proposed use will not cause a substantial diminution in the value of surrounding property.

 

4.        WHETHER PUBLIC SAFETY, TRANSPORTATION AND UTLITY FACILITES AND SERVICES WILL BE AVAILABLE TO SERVE THE SUBJECT PROPERTY WHILE MAINTAINING SUFFICIENT LEVELS OF SERVICE FOR EXISTING DEVELOPMENT

 

The subject property is an existing improved property that was a former nursing home (Lake View Manor) and is currently a residential treatment facility.  The subject property is located within the City of Lawrence.  New utility services are not required for the existing building or the proposed use.  The property takes access to West 31st Street, an improved arterial street.

 

Staff Finding –Public safety, transportation and utility services are currently available and a sufficient level of such services is available to support the proposed use.

 

5.        WHETHER ADEQUATE ASSURANCES OF CONTINUING MAINTENANCE HAVE BEEN PROVIDED

 

Staff Finding –The site plan will function as the enforcement document to assure that maintenance and use of the property is consistent with the approval.

 

6.       WHETHER THE USE WILL CAUSE SIGNIFICANT ADVERSE IMPACTS ON THE NATURAL ENVIRONMENT

 

The proposed use is located on developed property and no new development is proposed.  The property is encumbered by the 100-year floodplain; therefore a floodplain development permit is required prior to ordinance publication.

 

Staff Finding – The proposed use, with conditions, will not cause significant adverse impacts on the natural environment.

 

7.        WHETHER IT IS APPROPPRIATE TO PLACE A TIME LIMIT ON THE PERIOD OF TIME THE PROPOSED USE IS TO BE ALLOWED BY SPECIAL USE PEMRIT AND, IF SO WHAT THAT TIME PERIOD SHOULD BE.

 

Historically day care centers have not been restricted with a time limit. However, limitations have been placed on the operator, occupancy, and care. Staff recommends the approval be specific to the provider.  Changes in the day care provider shall be subject to notice and administrative review.

 

Staff Finding –Staff recommends that the special use permit be subject to administrative review if the day care provider changes.

 

Site Plan Review:

The site plan shows the site as it exists.  No new development or building addition is proposed.  The outdoor play area is shown on the north side of the building with a four foot fence enclosing the area along the north side of the play area.  The outdoor play area and the fence shown currently exist to provide play space for the existing Day Care Home currently in operation.

 

The site plan is being reviewed as a Standard Development Project because the proposed use represents a change in use to a more intensive use, but no new physical development of the site is proposed.  In reviewing Standard Development Projects, only those features or improvements proposed are required to be compliant with the current standards of the Development Code.  The site plan does not propose any improvements to the site.  The site plan shows existing conditions and contains notes which document the existing and proposed use, parking requirements, site summary, floodplain information, landscaping schedule and onsite lighting information.  Site plan review may be required for any future improvements or new development proposed onsite.