4D - 2700 29th Street - Boulder's Bilingual Childcare Center - Use Review - LUR2011-00006
i
Valmont Ave.
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MEMORANDUM IS-1 BCS
TO: Planning Board
FROM: Elaine McLaughlin, Case Manager Subject Area
DATE: April 26, 2011 2700 29th Sf
SUBJECT: Call Up Item: Use Review: Boulder's Bilingual v,
Childcare Ctr.
Case no. LUR2011-00006 J
Background. The applicant is requesting approval for a staff level Use
Review application for a property located at 2700 291'' Street. The acre
Tm
property is located within the Business Main Street (BMS) zoning district just
outside of the boundaries of the Transit Village Area Plan. The existing
context is considered eclectic with surrounding uses that include Goose Creek
Condominiums to the south, an auto dealership (along 30t1i Street) to the east, M
single family residential and a fitness center to the west, and office to the
north. Within the BMS zoning district, Day Care Centers are pennitted through a Use Review process.
Proposed Project. Boulder's Bilingual Childcar has outgrown its current location at 2627 Fremont in Boulder
and is requesting approval of a Use Review for the new location at 2700 29th Street. The proposed project will
be completed in two phases, with the Phase I including a remodel of the existing 3,953 square foot building on
the site, and a Phase II addition of 2,500 square feet. Phase I includes three classrooms: one for infant care of
up to ten children; the second classroom for up to 10 toddlers, and the third classroom for up to 15 children ages
2'/2- to 6-years of age. The first phase will have a total of 35 children and eight staff members. The second
phase at full build out will provide for up to 70 children and 12-14 employees with two additional classrooms.
Project Analysis. The Use Review criteria of section 9-2-15(e), B.R.C..1981 as well as the criteria for Day
Care facilities of section 9-9-6(a), B.R.C. 1981 were used to analyze the proposed project. The criteria may be
referenced at the following weblinks: http://iv~ww.colocode.com/boulder2/chapter9-2.htmP-section9_2 15
http://www.colocode.conilboulder2/chapter9-6.htm#section9_6 6 Staff finds that the proposed child care center is
consistent with these criteria in that :
• the BMS zoning anticipates a mix of uses that would serve the surrounding area and the provision of
a child care center in this location that has office, residential and retail uses supports families and
local employees.
• The use will provide a compatible transition between the office and retail uses to the north, west and
east- that can be viewed as being higher intensity -due to the number of trips generated to and from
the facilities- and the lower intensity residential use to the south.
• The character of the area will not change with the proposed use, but will improve the site, and thus
the surroundings.
• There is adequate infrastructure available on the site.
Public Comment. Required public notice was provided in the form of written notifications to property owners
within 600 feet of the subject property. In addition, a public notice sign was posted on the property and
therefore, all public notice requirements of section 9-4-3, "Public Notice Requirements," B.R.C. 1981 were met.
No comments were received from the public on this application.
38 Agenda Item 4D Page 1 of 8
Conclusion. Staff finds the application meets the review criteria for a Use Review of Land Use Code section
9-2-15(e), B.R.C. 1981, "Use Review" and the criteria for a Day Care Center under section 9-6-6-(a), B.R.C
1981 "Day Care Centers." The proposal was approved by staff on April 27, 2011 and the decision may be
called up before Planning Board on or before May 11, 2011. There is one Planning Board hearings scheduled
during the required 14 day call-up period on May ,5, 2011. Questions about the project or decision should be
directed to the Case Manager, Elaine McLaughlin at (303) 441-4130 or at the following email
address: mclaughlinenbouldercolorado.,gov.
Attachment:
A. Signed Disposition
B. Applicant's Management Plan
39 Agenda Item 4D Page 2 of 8
Attachment A:
Signed Disposition
CITY OF BOULDER
Planning and Development Services
4,v
V+1~
s 1739 Broadway, Third Floor P.O. Box 791, Boulder, CO 80306-0791
phone 303-441-1880 • fax 303-441-3241 • web boulderplandevelop. net
CITY OF BOULDER PLANNING DEPARTMENT
NOTICE OF DISPOSITION
You are hereby advised that the following action was taken by the Planning Department based on the
standards and criteria of the Land Use Regulations as set forth in Chapter 9-2, B.R.C. 1981, as applied to
the proposed development.
DECISION:
PROJECT NAME: BOULDER'S BILINGUAL CHILDCARE/PRESCHOOL
DESCRIPTION: Use review for day care center
LOCATION: 2700 29TH ST
COOK: N04W04
LEGAL DESCRIPTION: Lot 2, MICRO MOTION SUBDIVISION,
County of Boulder, State of Colorado
APPLICANT/OWNER: BARTON and PATRICIA SWANSON
APPLICATION: Use Review, LUR2011-00006
ZONING: BMS
CASE MANAGER: Elaine McLaughlin
VESTED PROPERTY RIGHT: NO; the owner has waived the opportunity to create such right
under Section 9-2-19, B.R.C. 1981.
FOR CONDITIONS OF APPROVAL, SEE THE FOLLOWING PAGES OF THIS DISPOSITION.
Approved on: ~7~
Date
By:
D vid Drisk II, Execu ive Director of Community Planning and Sustainability
This decision may be appealed to the Planning Board by filing an appeal letter with the Planning
Department within two weeks of the decision date. If no such appeal is filed, the decision shall be
deemed final fourteen days after the date above mentioned.
Appeal to Planning Board expires:
IN ORDER FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A
SIGNED DEVELOPMENT AGREEMENT AND FINAL PLANS FOR CITY SIGNATURE MUST BE
SUBMITTED TO THE PLANNING DEPARTMENT WITH DISPOSITION CONDITIONS AS APPROVED
SHOWN ON THE FINAL PLANS, IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN
NINETY (90) DAYS OF THE FINAL DECISION DATE, THE PLANNING DEPARTMENT APPROVAL
AUTOMATICALLY EXPIRES.
Pursuant to Section 9-2-12 of the Land Use Regulations (Boulder Revised Code, 1981), the applicant
must begin and substantially complete the approved development in compliance with the phasing plan.
Failure to "substantially complete" (as defined in Section 9-2-12) the development in compliance with the
phasing plan shall cause this development approval to expire.
40 Agenda Item 4D Page 3 of 8
CONDITIONS OF APPROVAL
1, The Applicant shall ensure that the development shall be in compliance with all approved plans dated April 20,
2011 on file in the City of Boulder Planning Department, except to the extent that the development may be modified
by the conditions of this approval. Further, the Applicant shall ensure that the approved use is operated in
compliance with the following restrictions:
a. The Applicant shall operate the business in accordance with the management plan dated 3/21/2011 which
is attached to this Notice of Disposition.
b. The approved use shall be closed from 6'00 p.m. to 6:00 a.m. seven days per week.
2. The Applicant shall not expand or modify the approved use, except pursuant to subsection 9-2-15(h), B.R.C.
1981.
3. Pursuant to subsection 9-2-12(a), "Three Year Rule," B.R.C. 1981, the following development/phasing plan is
approved:
a. Phase 1, to remodel the existing 3,953-square foot day care center, shall commence at the date of this
approval and shall be substantially completed within three years. Substantially complete shall be the date
of final inspection for the remodel of the 3,953-square foot day care center.
b. Phase Il, to construct a 2,500 square foot addition, shall commence upon substantial completion of Phase 1
and expires three years thereafter.
41 Agenda Item 4D Page 4 of 8
ATTACHMENT B
Management Plan
03121/11
To: Case Manager, Elaine McLaughlin
From: Barton Swanson
Re: Use review #LUR2011-00006
Management Plan
Boulder's Bilingual Childcare has outgrown its' current facility and will be moving into a
larger facility located at 2700 29e' Street, Boulder, CO.
I am providing the following information to the City of Boulder for Use review purposes.
Our full management plan is more comprehensive which includes details about staff,
parents & children (see attached Policy Book and Employee Handbook). It is my
understanding that for the purposes of this Use Review the following specific
information is needed:
1) Facility Hours of Operation will be: Monday through Friday, lam to 6pm.
2) Client & visitor arrival and departure times will fall within the facility hours of
operation. Staff will arrive as early as lam and depart as late as 6pm. Clients & visitors
will begin to arrive at 7:30am and all will have departed by 5:30pm. Arrival and
departure times for all vary throughout the day due to varying schedules people have.
3) Times for deliveries and trash collection will be minimal. Groceries and school
supplies are the only items to be regularly consumed at the facility; both of which will
be delivered by staff automobile, bicycle or and most commonly, by foot for groceries
since one of our neighboring businesses is a Latino supermarket. Trash collection will
occur probably once a month and always during normal business hours The services
will be provided by Western Disposal trash company.
4) Mitigation_ of noise impacts: The only noise other than the sounds of parents &
children coming and going (mostly via auto) will be: an occasional trash truck and the
sounds of children playing outside.
5) Security: The entire property is surrounded by a 6 foot tall chain link fence including
a large gate at the entrance which will be locked outside of normal business hours. At
the entrance to each classroom is a reception area where all clients and guests must
register their arrival and departure. All of the staff will work diligently to ensure no
"strangers" are on the premisses, especially in areas occupied by children.
And as stated in our Policy Book, page 3:
Under no circumstances will a child be released to anyone not authorized by the
parents or guardian. Individuals who aftempt to pick-up your child without pEoper
authorization will not be allowed to do so_ Instead this person's name and phone
number will be taken and then passed on to the authorized parent/guardian. Also, if
you are visibly intoxicated we will need to call for an alternate authorized person to
42 Agenda Item 4D Page 5 of 8
pickup your child.
Also as stated in our Employee Handbook, page 13:
WORKPLACE SAFETY / SECURITY
The Center is concerned for and is aware of its responsibility for the safety of the employees. Every
effort has been made to safeguard our children and employees. It is important that you comply with all
security measures, perform your duties in a safe manner and follow all established safety rules. You
should discuss with your supervisor the potential hazards of your job and make sure you are familiar
with any equipment you may need to operate. If you work with hazardous materials, be sure to ask your
supervisor to review safe handling procedures with you. Immediately report any concerns that you have
regarding your own personal safety, or the safety of other employees, children or families.
Note: please refer to the attached Employee Handbook where further security measures are
addressed regarding criminal background checks for all employees & volunteers also for
mandatory reporting of suspected child abuse.
6) The facility's drug and alcohol policy are:
As stated in our Employee Handbook, page 13:
SMOKING / ALCOHOL / DRUGS
Alcohol, and drugs of any kind (except for valid prescription medication) are absolutely prohibited on or
near Center facilities, inside or outside- Use of these substances in or near the Center are grounds for
immediate termination. Smoking is not permitted near the children. The designated smoking area is in
the staff parking area off the alley.
The manufacture, distribution, dispensing, possession, sale, purchase or use of a controlled substance on
Center property is prohibited. Being under the influence of alcohol or illegal drugs on Center property is
prohibited. The illegal or improper use of alcohol or drugs on Center property is prohibited.
And as stated in our Policy Book, page 3:
Under no circumstances will a child be released to anyone not authorized by the
parents or guardian. Individuals who attempt to pick-up your child without proper
authorization will not be allowed to do so. Instead this person's name and phone
number will be taken and then passed on to the authorized parent/guardian, Also, if
you are visibly intoxicated we will need to call for an alternate authorized person to
pickup your child-
7) Loitering is not permitted on the premisses for security reasons.
8) Employee Education is as stated on pages 8 & 9 of our Employee Handbook:
STAFF IN-SERVICE TRAINING
State licensing regulations require each staff member to participate yearly in a minimum of fifteen
(15) clock hours of training in subject areas such as child care, child development, and early childhood
education. Regardless of previous experience and education, all employees are expected to continue
their training in practices and techniques for teachers and care givers of young children to acquire new
knowledge and gain new skills.
Training hours may include time spent in workshops, conferences of child care, early childhood, or
educational associations, formal schooling, self-instructional material, or planned learning opportunities
Pale 2 of 3
Address43700 29th Street 6 Agenda Item 4D Page 6 of 8
provided by a Director, other staff, or consultants. The Center will make staff members aware of training
opportunities throughout the year. Most training is expected to take place during staff development "in-
service" days scheduled annually-
Boulder's Bilingual Childcare may provide compensatory time or pay (at its discretion) for pre-approved,
required training hours. The Center will pay in advance or reimburse the fee expense associated with
training sessions or educational conferences provided that 1) The expense is approved by a Director in
advance of the'training session, and; 2) a Certificate of Completion is presented to a Director
immediately after the session is attended. If a staff member registers for a training session but does not
attend for any reason, the Center is authorized to deduct any costs it has incurred from the employee's
paycheck. If a person ceases to be employed at the Center, Boulder's Bilingual Childcare is expressly
authorized to deduct from the employee's paycheck the amount of all training fees and associated
wages paid by the Center within the 120 day period immediately prior to the end of employment.
Employees are encouraged to pursue optional training in addition to the fifteen hour minimum
requirement. Boulder's Bilingual Childcare may pay the registration fees for additional hours of pre-
approved optional training. Bonus "Training Days-Off"are awarded to staff who demonstrate a strong
commitment to their professional development. After each calendar year, staff who have received at
least thirty (30) clock hours of in-service training during the past year (not including CPR/1st Aid) will be
recognized with a Certificate of Achievement which will be displayed in the Center's entry hallway. Each
of these employees will also receive two (2) bonus paid "Training Days" (the length of a "Training Day"
for each staff member is equal to the number of hours in their regular assigned work day.) Bonus
"Training Days" credited to an employee's Paid Time Off account may only be used to avoid loss of pay
or loss of vacation time when taking approved time-off to attend approved staff development events
during regular work hours for which a minimum of four (4) clock hours of in-service training credit will
be received. They may not be carried forward to a future year or applied as time-off for any other
purpose and have no other value at any other time.
Staff members who are students taking classes in Child Development or Early Childhood Education at a
recognized college may receive credit toward their fifteen hour requirement upon submitting evidence
of satisfactory course completion.
9) The Facility's Responsibilities As Good Neighbors, Neighborhood Outreach,
Methods For Future Communication and Dispute Resolution With The
Surrounding Neighborhood.
We will respect our neighbors at all times responding to any concern of theirs with
respect, courtesy and an honest effort to oblige.
If a neighbor has a concern we encourage them to telephone us. We will be happy to
discuss any concern a neighbor might have. If through discussions, either on the
telephone or in person, the issue is not resolved then we will suggest getting an
arbitrator involved to help resolve the issue.
The specific site of this facility was chosen because it is an especially good fit for a
childcare center- This "flag" lot creates a situation where, if not for the sign out front,
nobody would know we were here as nothing is visible from the street- There is more
than enough off-street parking right on our lot.
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Addressr+2700 29th Street Agenda Item 4D Page 7 of 8