5B - Use Review - 1101 Union Ave. (LUR2009-00006) - Shining Mountain Waldorf School Early Childhood Program
CITY OF BOULDER
PLANNING BOARD AGENDA ITEM
MEETING DATE: June 4, 2009
AGENDA TITLE:
Public hearing and consideration of a Use Review #LUR2009-00006 for the Shining Mountain
Waldorf School Early Childhood Program located at 1101 Union Avenue, to allow the
conversion of an existing residence within the RL-1 (Residential Low-1) zone district to a non-
residential daycare center use.
Applicant: AgafDancy
Owner: Waldorf School Association of Boulder, Inc., a Colorado Non-profit
Corporation
REQUESTING DEPARTMENT:
Ruth McHeyser, Executive Director of Community Planning
David Driskell, Deputy Director of Community Planning
Jessica Vaughn, Planner I
OBJECTIVES:
1. Hear Staff and Applicant presentations
2. Hold Public Hearing
3. Discuss key issues:
• Is the request consistent with required Use Review criteria set forth in
subsection 9-2-15(e), "Criteria for Review," B.R.C. 1981?
• Is the request consistent with the required Specific Use Standards set forth in
subsection 9-6-6-(a), "Daycare Centers," B.R.C. 1981?
4. Take action to approve, approve with conditions, or deny
STATISTICS:
Proposal: USE REVIEW: Convert an existing single-family residence located at 1101
Union Avenue to a non-residential daycare center.
Project Name: Shining Mountain Waldorf School Early Childhood Program
Location: 1101 Union Avenue
Agenda Item # 5B Page # 1
Size of Tract: 28,200 square feet
Zoning: RL-1 (Residential Low-1)
Comprehensive Plan: Low Density Residential
KEY ISSUES:
1. Is the proposed use consistent with the Use Review criteria set forth in subsection 9-2-15(e),
"Criteria for Review," B.R.C. 1981?
2. Is the proposed use consistent with the required Specific Use Standards set forth in
subsection 9-6-6-(a), "Daycare Centers," B.R.C. 1981?
BACKGROUND:
Project Description
The applicant is proposing to convert the existing residence at 1101 Union Avenue to a daycare center
(see Attachment A, Applicant's Proposed Plans, Attachment B, Applicant's Written Statement, and
Attachment C, Management Plan for a complete description of the proposal). The proposed daycare
center will provide services for up to 15 children over the age of 18 months between the hours of 8:30
a.m. and 4:00 p.m. Monday through Friday. The facility will employ three staff members: one full-time
and two part-time employees. Two employees will be on-site at all times when the daycare center is
open. The applicant is proposing seven on-site parking spaces: two in the existing garage for employees
and five in a small on-site parking lot accessed from the north off of Locust Avenue.
Zoning Description
The site is zoned Residential Low-1 (RL-1) which is defined as "Single-family detached residential
dwelling units at low to very low residential densities," subsection 9-5-2 (c)(1)(A), B.R.C. 1981. In the
RL-1 zone district, the minimum lot area is 7,000 square feet, maximum floor area ratio is 0.8:1, and the
maximum permitted height is 35 feet.
Properties adjacent to 1101 Union Avenue on the east, south, and west are all zoned RL-1. Properties
adjacent to the north are within the RL-2 (Residential Low-2) zone district, which is defined as "Medium
density residential areas primarily used for small-lot residential development, including, without
limitation, duplexes, triplexes, or townhouses, where each unit generally has direct access at ground
level," subsection 9-5-2(c)(1)(B), B.R.C. 1981.
Existing Site/Site Context
1101 Union Avenue is located in north Boulder west of Broadway in the Union-Utica Neighborhood
(see Attachment D, Vicinity Map). Originally built in the mid-1980s, 1101 Union Avenue is a 2,756
square foot single-family residence within a primarily residential neighborhood with complementary
AGENDA ITEM #54 Paee 2
uses. The Shining Mountain Waldorf High School is adjacent to the east, and the Shining Mountain
Waldorf Elementary School is in near proximity to the site to the north. Both school campuses were
originally approved through site review (P-86-7) and special review (SR-86-6) for maximum
enrollments of 100 students attending grades 9-12 and 260 students attending grades K-8. In 1993, both
campuses increased the maximum enrollments, 120 students for the high school and 294 students for the
elementary school, due to the addition of approximately 36,000 square feet. Current enrollment at the
Shining Mountain Waldorf High School is 88 students, and 211 students at the elementary school.
1101 Union Avenue is within the North Boulder Subcommunity. The North Boulder Subcommunity
Plan ("NBSP") calls for traffic management and parent education programs at the Shining Mountain
Waldorf schools to minimize traffic impacts on the surrounding residential neighborhoods. It also calls
for changes to the high school campus access that would close the Union Avenue access to the upper
grades' parking lot and provide alternative access via Locust Avenue to the north. While the applicant is
not proposing any modifications to the existing conditions of the high school campus, they are proposing
site modifications at 1101 Union that adhere to these guidelines, including removal of the existing
horseshoe drive, limiting access to only staff from Union Avenue, the construction of a five-car parking
lot accessed from the north off Locust Avenue, and good neighbor practices to include parking education
programs (see Attachment A, Applicant's Proposed Plans and Attachment C, Management Plan).
KEY ISSUES ANALYSIS:
The applicant has submitted a Use Review application for a request to convert an existing single-family
residence to a daycare center. Applications for Use Review are reviewed for consistency with the
criteria set forth in subsection 9-2-15(e), "Criteria for Review," B.R.C. 1981 (see Attachment E, Use
Review Criteria for Review and Staff Evaluation). Additionally, applications for daycare centers are
reviewed for consistency with the specific use standards for daycare centers set forth in subsection 9-6-
6(a), "Daycare Centers," B.R.C. 1981 (see Attachment F, Specific Use Standards for Daycare Centers
and Staff Evaluation).
1. Is the proposed use consistent with the Use Review criteria set forth in subsection 9-2-15(e),
"Criteria for Review," B.R.C. 1981?
The applicant's proposal is consistent with the Use Review criteria in terms of providing a direct benefit
for the surrounding neighborhood and school campus. The applicant's proposal will limit traffic in a
number of ways, including providing a one-stop-shop for parents with children attending various grade
levels, and by providing a service that is not currently located in the vicinity. Additionally, extraneous
traffic and parking impacts in the neighborhood will be limited by the provision of a small, five-car
parking lot, by locating the primary access to the daycare center off of Locust Avenue on the north and
by providing parking education programs. Since the proposed parking lot will be more easily accessed
from the Violet Avenue traffic light at Broadway, located to the north of the residential neighborhood,
and part of the main access route for the elementary school, the proposed parking lot will be able to be
accessed by visitors without their entering the neighborhood. Additionally, the applicant's traffic
analysis indicated seven off-street parking spaces are adequate for employee and visitor parking. The
applicant is proposing seven off-street parking spaces, five in the proposed parking lot and two in the
existing garage, which will be limited to employee use only. Locating the parking lot to the north and
AGENDA ITEM # SA Page 3
limiting the garage parking accessed from Union Avenue will reduce the intrusion of daycare related
vehicle trips into the neighborhood.
Negative impacts of the proposed daycare center use on the surrounding neighborhood will be minimal.
The residential character of the existing site is not being altered, but rather it will be enhanced with the
restoration of the existing structure to reflect current residential standards and to maintain a typical
residential appearance. The existing eastern curb-cut and horseshoe drive will be removed to discourage
thru-neighborhood traffic and parking along Union Avenue. Additionally, access from the front of the
existing structure will be limited to employees only, as the main entrance to the daycare center will be
located off of Locust Avenue from the north. The elimination of the horseshoe drive will also enhance
the residential character of the property, making it consistent with the required 25' front yard setback and
25' front yard landscape setback. The existing structure will appear to be a single-family residence,
consistent with the predominant character of the surrounding area.
2. Is the proposed use consistent with the required Specific Use Standards set forth in
subsection 9-6-6-(a), "Daycare Centers," B.R.C. 1981?
The additional standards for daycare centers address the functionality of the center in terms of space,
noise and off-street parking. The proposed daycare will have a maximum of 15 children, all above the
age of 18 months. A daycare of this nature is required to provide a minimum of 600 square feet of
useable indoor floor area and a minimum of 2,400 square feet of outdoor play area. The proposed floor
plan shows 995 square feet of useable indoor floor area and 2,400 square feet of outdoor play area,
located in the eastern central portion of the site. The outdoor play area will be fenced and screened by
large landscaping to provide a buffer between adjacent residences and the outdoor play area to mitigate
noise impacts.
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. All notice
requirements of Section 9-4-3, "Public Notice Requirements," B.R.C. 1981 have been met. Several
written and email responses were received in response to the public notifications. Concerns addressed in
the responses included the following: adverse impacts on the environment and residential quality of the
surrounding neighborhood; additional congestion in the neighborhood; and whether the daycare center
would maintain the school's standing as a `good neighbor' with regard to noise, traffic, parking
education and trash.
Given the response to the initial public notice, a neighborhood meeting was held March 4, 2009 at the
Shining Mountain Waldorf High School Assembly Hall. There were ten people in attendance.
Attendees of the meeting conveyed their concerns, which included the impacts of increased traffic in the
neighborhood and of noise from the outdoor play area.
In response to the feedback from the neighborhood meeting, the applicant is proposing a small, five-car
parking lot located to the north of the site, off of Locust Avenue, which will limit traffic into the
neighborhood. Additionally, the applicant is proposing to locate the outdoor play area as far east, away
AGENDA ITEM # JrA Pane 4
from the existing single-family residential homes, on the site as possible. The applicant is also
proposing to utilize fencing and the existing mature landscaping for the purposes of providing a buffer
between adjacent residences and the outdoor play area in order to mitigate noise impacts.
STAFF FINDINGS AND RECOMMENDATION:
Planning staff finds that:
1. The application satisfies the Use Review criteria pursuant to subsection 9-2-15(e), "Criteria for
Review," B.R.C. 1981, if the conditions listed below are incorporated into the approval of this
application.
Therefore, staff recommends that Planning Board approve Use Review #LUR2009-00006 incorporating
this staff memorandum and the attached Use Review Criteria Checklist as findings of fact, subject to the
recommended Conditions of Approval below:
RECOMMENDED CONDITIONS OF APPROVAL
1. The Applicant shall be responsible for ensuring that the development shall be in
compliance with all approved plans dated April 22, 2009, the written statement dated May
6, 2009, and the management plan dated May 13, 2009, on file in the City of Boulder
Planning Department. Further, the Applicant shall ensure that the daycare center use is
operated in compliance with the following restrictions:
a) Maximum enrollment is 15 children above the age of 18 months.
b) The daycare center shall be closed from 4:00 p.m. to 8:30 a.m. Monday through
Friday and all day on Saturday and Sunday.
2. The Applicant shall not expand or modify the approved use, except pursuant to
subsection 9-2-15(h), B.R.C. 1981.
3. The Applicant shall comply with all previous conditions contained in the annexation
Agreement recorded at Film #1139, Reception #00419995 on October 29, 1990, except as
may be modified by this approval.
Approved By:
Ruth 1 cHeyser, xecutive Director of Community Planning
Planning Department
AGENDA ITEM #5_A Page 5
ATTACHMENTS:
A: Applicant's Proposed Plans
B: Applicant's Written Statement
C: Management Plan
D: Vicinity Map
E: Use Review Criteria for Review and Staff Evaluation
F: Specific Use Standards for Daycare Centers and Staff Evaluation
$\PLAN\PB-ITEMS\MEMOS\1101 Union Avenue UR.JV.6.4.09.doc AGENDA ITEM # SA Page 6
ATTACHMENT A
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f demo (et- walls, field • floorspace : F 1. Plans shall be accompanied by the N
verity neccessary eon' _ t j Outline Specification dared 14 April 2009.
I swpural modT~ca'ion ....demolish U)
2 Provide spinkler system and maunal I I
and holy arc
hlttl exsling foe alarm system on aparate permit, 6/~ b ,
t walls r heanh+l5' see Outline Spe[ifcaliseons.
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constructed per The City of Boulder -2
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STAFF ' f De 8 Construction Standards.
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-==p'-`-°-'! . Stet improvements indicated on These
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plans uiremenls based on the City wall ' of -
) Of Boulder "L
(eI oM-street and Use Review Results ) I F a
t (e) If-street '
'I parking space parking space ) and Comments" and are critical to the
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successful mmplelion of The project- The tail
.required by • C
I li , the City are as follows:
(a) entry patio a) Remove the existing horseshoe drive P
1- _
- - - - - - - - - - - - - 25'4T FRONT YARD SETBACK andr aceilwilh new landsca ing to be P s
t cAnsisleace with the ne landscal - ah
t b) Remove The existingeast ddveway 1 ~A'PA~
. _ _ . _ ~ orb cut rating Union Avenue and replace /
it with new sidewalk, curb and gulleL 47
C) Provide the new parking lot with J
(e) gate S number and type of spaces to meet code C
(e) driveway requuemenls and as outlined in the
1 parking sludy.
d) Provide new ADA path Iron the < 7ub Site:
parking lot to The enlr. ce Olin daycare nOT tmkn^°°"'°
•y as required by code and as required by BuWde+, [waadm
i (e) walkway Ih3 C.ty. In response to neighborhood
I~ concerns about increased Ralf.. and
j parking on Union Avenue all student
drop-off and pick-up Traffic, either by car
1 or foot, shall be from the north off of J
- - 1 Locust
Avenue
~~1~~ 1 1 J I
(a) driveway i (n)landsc
ape, see site plan
Floor Plan
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1 MAIN FLOOR PLAN demo-ftf ekne"w A21
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ATTACHMENT B
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Shining Mountain Waldorf School
Daycare / Early Childhood Education
USE REVIEW NARRATIVE
6 May 2009
This application is for a change of use for an existing single-family residence
to be used as a small childcare facility. The Shining Mountain Waldorf School
would manage the facility.
The Waldorf School Association of Boulder (DBA Shining Mountain Waldorf
School (SMWS)) owns the existing single-family residence. The current
lessee has given notice to leave. The goal in purchasing this property was to
have enough room on campus to expand the school's curriculum to include
an Early Childhood Program. 1101 Union Street is connected to the campus:
It shares it's east property line with the high school site and is directly
across Locust Street from the Lower School property at it's north property
line. To the west and south are single-family residences.
This Early Childhood Program will offer a child care service to the parents
who have older children in the school and an additional childcare option to
the immediate residential community. Based on feedback from the parents
of students that attend SMWS stating that they would like.the school to
provide this service the school has anticipated adding the Early Childhood
Program' for a long time. The school now has the resources to remodel the
residence on Union Street to meet this need in their community.
The existing adjacent school facility currently has 325 students in grades
Kindergarten through 12th and has operated on this site for 22 years. The
Early Childhood Program will add a maximum of 15 children to the campus
on a daily basis. There will be two staff members on site at all times, one
full-time and one part-time.
There are two off street parking spaces in the garage for staff use only.
Limiting the access to the garage and entrance on the south side of the
building to staff only will mitigate the traffic and parking impact on Union
Avenue. The eastern half of the existing horseshoe driveway will be removed
and landscaped and the existing east curb cut will be removed and replaced
with sidewalk, curb & gutter leaving just the west driveway and curb cut for
i homll off P*#
access to the garage. Traffic and parking quantities will be similar to the
previous single-family use.
All student drop-off and pick-up will occur on the north side of the site off of
Locust Avenue. A new parking lot on the north portion of the site will provide
four (4) parking spaces and one (1) handicap space and a new ADA
compliant path will extend from the parking area to the main daycare
entrance on the north side of the building.
The childcare use is consistent with the character of the surrounding
neighborhood and would be a natural extension of the existing Shining
Mountain Waldorf School campus.
END
4endsrem# /0
paw
ATTACHMENT C
LsDO L ;
Shining Mountain Waldorf School
Daycare / Early Childhood Education
MANAGEMENT PLAN
13 May 2009
Hours of Operation:
The daycare will be open to teachers between the hours of 8:00 am and 4:00 pm.
The daycare will be open to students between the hours of 8:15 am and 3:30 pm.
A morning only daycare option is available between 8:15 am and 1:00 pm.
An extended daycare option is available between 8:15 am and 3:30 pm. The number of
students will reduce to 4 to 6 in the afternoon hours between 12:30pm & 3:30pm.
The daycare options do not have strict start and end times.
Students and Staff:
The daycare will be used for a maximum of 15 students between 2 and 5 years of age.
There will be two staff members on site at all times; one full-time and one part-time.
Staff Parkinq:
Two parking spaces for cars and three spaces for bicycles are provided in the garage for
staff use. Staff will be notified that street parking is not available to them. The
afternoon part-time staff member would be allowed to park in the north parking area in
the afternoon since there is a reduced parking demand.
Client and Visitor Arrival and Departure Times:
8:15 am - 9:30 am Drop off time for all students 2 to 5 years of age.
12:00pm - 1:00pm Pick up time for 10 students 2 to 5 years of age.
2:30 pm - 3:30 pm Pick up time for 5 students 2 to 5 years of age.
Coordinated Times for Deliveries and Trash Collection:
The Daycare will share the same trash collection service and schedule as the neighboring
residential area. All deliveries will be coordinated through the main office at the Shining
Mountain Waldorf High School, which is located at 1179 Union Avenue.
Mitigation of Noise Impacts:
The daycare child play area will be located in the fenced rear yard of the property. The
play area is located to the eastern side of the rear yard that is closest to the user's
existing high school property. Outdoor play will occur from 8:30am to 12:00pm in the
morning hours and indoor naptime will occur from 1:00pm to 3:00pm in the afternoon
hours. Crying children will be comforted indoors. The Administrative Director of the
school will address all noise complaints on a case-by-case basis.
Contact: Agaf Dancy, agafd(@smwaldorf.orq (303) 951-8536
Security:
In order to ensure that no unauthorized persons enter buildings with wrongful intent, all
visitors shall report to the main school office when entering, show proper identification
and reason for being at the school, including the daycare facility. This will not apply
when parents/guardians have been invited to a classroom.
The Facility's Tobacco. Drug and Alcohol Policv:
To promote the general health, welfare and well being of all who enter school property,
and pursuant to the state law, smoking, chewing or and use of tobacco products by
staff, students, or visitors is prohibited on all school property. Shining Mountain Waldorf
School is designated as a smoke-free campus and the high school policy states that
students are not allowed to smoke within one block of the campus.
Persons using or upon school property for any purpose shall not engage in the unlawful
use, possession, distribution or sale of drugs and other controlled substances, alcohol
and other illegal contraband on school district property, at school sponsored functions,
on any school bus transporting students or within 1,000 feet of the perimeter of the
school grounds. Person's known to be under the influence of liquor shall not be
permitted to enter the school building or grounds.
Loitering:
Persons loitering on school property shall be asked by staff to leave the property. If
persons loitering on the property do not leave the campus immediately the police will be
called.
Employee Education:
All employees of the daycare facility will be required to read the management plan and
will be given a formal orientation by the SMWS staff as to the policies outlined in the
plan with an emphasis on the responsibilities of "good neighbor practices".
"GOOD NEIGHBOR PRACTICES"
The Facilitv's Responsibilities as Good Neighbors:
• Maintain a clean and garbage-free front yard with existing landscaping that is
.compatible with the neighboring properties. Staff will patrol yard daily to clean-up toys
and debris.
Educate and remind parents/guardians about approved parking areas for dropping off
and picking up children by permanently posting signs that direct parents to those areas,
by periodically publishing all the parking rules in the school-wide newsletter, by
informing all new parents of the parking and drop-off rules and by directing school staff
to enforce the parking rules on a daily basis.
Neighborhood Outreach and Methods for Future Communication:
• Shining Mountain Waldorf School will send a copy of its monthly newsletter
"Community Notes" to neighbors upon request. This newsletter informs parents and
neighbors of upcoming events and projects on campus through its articles and calendar
pages. Please phone or email the school to subscribe for an electronic or paper copy.
Contact: Anita Li, anital@smwaldorf.org (303) 951 8554
• The school is looking to the immediate community for the most effective way to
communicate about the school's current and future activities on campus. Please let us
know how to keep you informed and about how to best respond to your concerns.
Dispute Resolution with the Surrounding Neighborhood•
The Administrative Director will be the main point of contact for all complaints or
conflicts regarding the school's Good Neighbor Practices. Proactive measures will be
taken to provide a solution to all complaints.
Contact: Agaf Darcy, agafdCoi)smwaldorf.org (303) 951-8536
Additional information about the school and its policies can be found in the "Parent
Handbook" that can be downloaded form the Shining Mountain Waldorf School website.
http://www.smwaldorf.org/
END
ApdaNo# V F*#
ATTACHMENT D
City of Boulder Vicinity Map
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Location: 1101 Upland Ave
Project Name: Shining Mountain City of Waldorf School Daycare Center Boulder
Review Type: Use Review NORTH+ The W«, fianaewaene,eis mavis ae%iaen
Review Number: LUR2009-00006 apees~ ~ ~n~ ref
Applicant: Nicole Delmage 1 inch = 250 feet Me -,MW anewc ple[eneps of me inbn weC.
ATTACHMENT E
USE REVIEW CRITERIA and STAFF EVALUATION
Y (1) Consistency with Zoning and Non-Conformity: The use is consistent with the purpose of the
zoning district as set forth in Section 9-2-1, "Zoning Districts Established," B.R.C. 1981, except in
the case of a nonconforming use;
The proposed use review is consistent with the RL-1 zone district and the existing school. The
daycare use is permitted with a use review-
Y (2) Rationale: The use either:
Y (A) Provides direct service or convenience to or reduces adverse impacts to the
surrounding uses or neighborhood;
The proposed daycare facility would be a direct benefit for the existing residential
neighborhood. It would allow parents to drop several children of different ages at
the same location instead of making several trips to different locations.
Additionally, the daycare use is complementary to the existing schools located
adjacent to the site (Shining Mountain Waldorf High School) and Shining
Mountain Waldorf Elementary School (in near proximity).
NIA (B) Provides a compatible transition between higher intensity and lower intensity
uses;
N/A (C) Is necessary to foster a specific city policy, as expressed in the Boulder Valley
Comprehensive Plan, including, without limitation, historic preservation,
moderate income housing, residential and non-residential mixed uses in
appropriate locations, and group living arrangements for special populations; or
NIA (D) Is an existing legal non-conforming use or a change thereto that is permitted
under subsection (e) of this section;
Y 3) Compatibility: The location, size, design, and operating characteristics of the proposed
development or change to an existing development are such that the use will be reasonably
compatible with and have minimal negative impact on the use of nearby properties or for
residential uses in industrial zoning districts, the proposed development reasonably mitigates the
potential negative impacts from nearby properties;
The applicant's proposal will limit traffic in a number of ways, including providing a 'one-stop-
shop' for parents with children attending various grade levels, and by providing a service that is
not currently located in the vicinity. Extraneous traffic into the neighborhood will be limited by the
provision of a small, five-car parking lot, and by locating the primary access to the daycare facility
off of Locust Avenue on the north, and by providing parking education programs. The applicant's
traffic analysis indicated that four off-street parking spaces would be ample. However the
applicant is providing additional spaces, seven total, for employee and visitor parking to limit the
intrusion of the daycare traffic into the neighborhood.
The residential character of the existing site is not being altered, but enhanced with the
restoration of the existing structure to reflect current residential standards and to maintain a
typical residential appearance. The existing eastern curb-cut and horseshoe drive will be
removed to prevent thru neighborhood traffic and to reduce parking along Union Avenue.
Additionally, access from the front of the existing structure will be limited to employees only as the
main entrance to the daycare center will be located off of Locust Avenue from the north. The
elimination of the horseshoe drive will also enhance the residential character of the existing
r.
&*Mimi 65A DAY J"5,'
structure, as the proposed development will be consistent with the required 25' front yard setback
requirement and 25' front yard landscape setback. The existing structure will, for all intensive
purposes, appear to be a single-family residence, which is consistent with the predominant
character of the surrounding area-
Y (4) Infrastructure: As compared to development permitted under Section 9-3.1-1, "Schedule of
Permitted Uses of Land," B.R.C. 1981, in the zone, or as compared to the existing level of impact
of a non-conforming use, the proposed development will not significantly adversely affect the
infrastructure of the surrounding area, including, without limitation, water, wastewater, and storm
drainage utilities and streets,
All proposed right-of-way improvements will be in compliance with the Design Construction
Standards, including the replacement of a curb-cut with curb, gutter and sidewalk. Final
engineering plans will be provided upon building permit application.
Y (5) Character of Area: The use will not change the predominant character of the surrounding
area: and
The existing structure will not be changed in its exterior appearance. It will appear to be a single-
family residence, which is consistent with the predominant character of the surrounding area.
Y (6) Conversion of Dwelling Units to Non-Residential Uses: There shall be a presumption
against approving the conversion of dwelling units in the residential zoning districts set forth in
Subsection 9-3.1-1(a), B.R.C. 1981, to non-residential uses that are allowed pursuant to a use
review, or through the change of one non-conforming use to another non-conforming use. The
presumption against such a conversion may be overcome by a finding that the use to be
approved serves another compelling social, human services, governmental, or recreational need
in the community including, without limitation, a use for a day care center, park, religious
assembly, social service use, benevolent organization use, art or craft studio space, museum, or
an educational use.
The proposed use of a daycare facility serves a compelling social and human need.
ll
ATTACHMENT F
SPECIFIC USE STANDARDS FOR DAYCARE CENTERS and STAFF EVALUATION
9-6-6 Public and Institutional Uses
(a) Daycare Centers: The following criteria apply to any daycare center except home daycares:
Y (1) Fencing is provided around outdoor play areas.
Y (2) If the use is adjacent to an arterial, collector, or minor arterial as shown in appendix A,
"Major Streets," of this title, off-street loading and unloading areas are provided.
Y (3) Adequate off-street parking is provided for employees, volunteers, and visitors.
A small, five-car parking lot will be provided off of Locust Avenue, which will limit traffic
through the neighborhood and on-street parking.
Y (4) Child daycare facilities are properly licensed by the State Department of Social
Services.
N/A (5) For nursery care (any child under the age of eighteen months), the facility provides
fifty square feet of useable indoor floor area per child or a total of six hundred square feet of
useable floor area, whichever is greater.
The proposed daycare facility is proposing to provide care for a maximum of 15 children,
all above the age of 18 months.
Y (6) For child care other than nursery care, the facility provides thirty square feet of useable
indoor floor area per child or a total of six hundred square feet of useable floor area,
whichever is greater.
The daycare facility of this nature is required to provide a minimum of 600 square feet of
useable indoor floor area. The proposed floor plan shows 995 square feet of useable
indoor floor area.
Y (7) All child day care facilities shall provide a minimum of seventy five square feet of usable
outdoor play area per child or a total of two thousand four hundred square feet of useable
outdoor play area, whichever is greater-
A minimum of 2,400 square feet of outdoor play area is required for the proposed
daycare facility. 2,400 square feet of outdoor play area is being provided, which is
located in the eastern central portion of the site. The outdoor play area will be fenced
and screened by large landscaping to provide a buffer between adjacent residences and
the outdoor play area to mitigate noise impacts.