PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item:

Staff Report

03/24/08

 

ITEM NO. 8     SPECIAL USE PERMIT FOR BCS EARLY LEARNING CENTER (SLD)

 

SUP-01-02-08: Special Use Permit for BCS learning center at 345 Florida Street. Submitted by Peridian Group for Ballard Community Center applicant, DCCCA , Inc. property owner of record.

 

 

STAFF RECOMMENDATION:     Planning Staff recommends approval of SUP-01-02-08, a Special Use Permit for a day care center located at 345 Florida Street, based upon the findings presented in the body of the staff report and subject to the following conditions:

 

1.      Execution of a Site Plan Performance Agreement.

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

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

 

Applicant’s Reason for Request:

Ballard Community Services is a non profit corporation that provides and affordable, high quality early education program and essential basic life assistance to families and individuals in need.

KEY POINTS

·         Proposed use will operate from an existing facility with previous history as community related activity.

·         Property is located at the corner of a collector street/local street intersection.

·         Property is located in the Pinckney Neighborhood.

·         Development Code defines Day Care Center as providing care to more than 13 individuals

·         Development Code requires Special Use Permit approval for Day Care Centers when located in residential districts.

 

FACTORS TO CONSIDER

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

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         UPR-8-12-85; First Step House.

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

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

Nearby resident contacted staff regarding clarification of the request and if any new construction was proposed.

 

GENERAL INFORMATION

Current Zoning and Land Use:         

 

RSO (Single-Dwelling Residential-Office) District. Existing structure and outdoor play area.

Surrounding Zoning and Land Use:         

RM24 (Multi-Dwelling Residential) District; in all directions except for 330 Minnesota which is zoned RSO and also owned by DCCA, Inc. Surrounding uses include residential attached and detached dwellings in all directions. 

Site Summary

 

Legal Description

Lots 8, 9, and 10 Northwood Addition Replat and Lots 11, 12, and 13, Minnesota Addition

Location

345 Florida Street

Property Area

46,320 SF

Use Group

Day Care Center (20-1720 (3))

Existing Buildings

9,250 SF existing building. No changes proposed to existing building

Required Off Street Parking

Daycare 1 space per 1.5 employees +
 4 additional spaces = 15 spaces for 16 employees

Off-Street Parking Provided

17

Proposed Students

100 total students including infant, toddler, and preschool age

 

Summary:

 

The proposed request is for an early education learning center for preschool age including infant care. School age and before/after school care is not proposed for this facility. The proposed request is for year-round early childhood learning/care for children ages birth to pre-school. No building additions or parking lot changes are proposed. No building additions are proposed. The proposed request represents a change in use.

 

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

 

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

 

Staff Finding – The proposed use is for a daycare facility per section 20-1720 (3). As such, this use is allowed in the RSO district subject to the approval of a special use permit. Specific standards applicable to day care facilities are set out in section 20-507 and require minimum fencing of outdoor play areas. 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.

 

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

 

Staff Finding – Approval of the Special Use Permit does not alter the base zoning district. The proposed use, with conditions can be found to be compatible with the 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

 

Staff Finding – The subject property is an existing facility. The proposed use will re-use the existing building and grounds with minimal changes to the site. The property was originally developed as a nursing home located within the surrounding neighborhood setting. The most recent use was as a residential care facility (UPR-08-15-85; First Step House). The property has been used for community related uses since the original development.  No new impacts are anticipated for the neighborhood resulting from the change in use of the existing facility.

 

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

 

Staff Finding –The subject property is an existing improved property that was a former residential treatment facility (First Step House 1985 to 2007) including a previous nursing home prior to 1985. New utility services are not required for the existing building. No changes to the urban services are proposed for the new 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

 

Staff Finding – The subject property is located within a developed urban neighborhood.

 

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.

 

Staff Finding –Historically Special Use Permits for day care centers (UPR’s under the 1966 code) 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 operator of the facility. Changes in the operator of the day care center shall be subject to notify staff of the change. Additionally, staff recommends that the application be subject to re-review to add before and after school care. 

 

 

 

 

Site Plan Review:

 

Parking and change in use: The previous UPR required a total of 15 off-street parking spaces to accommodate up to 13 residents and overnight and daytime staff.  The daycare use based on the number of employees also requires a total of 15 spaces. There is no change in the parking requirement for the previous use (old code) with the proposed use (new code). Off-street parking for a residential treatment facility in the Land Development code is categorized as an “Extended Care Facility – General” which would have required one space per 3 beds (5 required spaces) for the facility previously. There is a proposed change of use for the subject property, but the intensity based on off-street parking requirements is not altered.

 

Off-Street Parking: The Development code states that no part of a parking area may be located within 25’ of the right-of-way in any residential district (20-909(b)). The site plan shows the existing parking lot encroaches about 5’ into this required setback.  This is an existing condition of the site. No changes are proposed to the existing access or parking arrangement. Increase of the setback would result in a reduction of off-street parking for the day care center. Access to the property is provided via an existing curb cut to Florida Street.

 

The site plan has been revised to show the required accessible space access aisle for the property.

 

Landscape: the subject property is “L” shaped and is zoned RSO a residential district. The parking lot is located on the north end of the property and abuts a single-family detached residence on the north side. However, the surrounding property in all directions is zoned RM24, a high-density multi-dwelling district. The exception is the residence located immediately to the west of the parking lot and north of the outdoor play yard which is also zoned RSO. This building appears to include four dwelling units. The site plan shows vegetation along the perimeter of the parking lot that was part of the previous site plans. The parking lot is located approximately 7’ from the adjacent property line. A Type 1 Buffer yard would be required along this portion of the property. The minimum width of the buffer yard is 10’.

 

The site plan provided is based on previously approved documents that show landscaping along 4th Street and Minnesota Street that is not present today. Landscaping will be required to be planted along the public right-of-way to comply with the previously approved site plans for this area. A note has been added to the site plan that states that the landscape material shown on the site plan shall be reinstalled on the site per the previous landscape plans for the property. Street trees are also shown on the revised site plan along the public right-of-way.

 

No buffer yard is required for the portion of the property that abuts the residence located at 330 Minnesota. This property is developed with a four-unit apartment. The rear and side yards abut the parking lot and outdoor play yard of the subject property. 

 

The property boundary along Florida Street, 4th Street and Minnesota Street are also applicable for a Type 1 Buffer Yard per the Development Code. The required front and side yard setback provide adequate separation from the property line to comply with the 20’ Type 1 Buffer yard (excluding that portion of the parking lot along Florida Street as discussed with regard to setback).  Provision of landscape material per the site plan submitted for the subject property will comply with the required planting schedule.

 

CONCLUSION:        

The site plan element is a change of use. The intensity of the project is not altered based on the off-street parking requirements for the change of a residential treatment facility to a day care center for this property. No changes to the site are proposed. The vehicular circulation is not proposed to be altered, but the pavement markings will be up graded and a required accessible space will be marked accordingly. Staff has noted that the landscape materials must be installed that were previously required on site for the former use and comply with the Development Code requirements for screening. The proposed site plan changes meet neither a standard or major development project and thus could be considered as a minor development project per section 20-1305 (b) (1) with regard to physical site improvements. However, as a day care center in a residential zoning district a Special Use Permit and public hearing is required.