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HomeMy WebLinkAboutH3 Y Commission Memorandum Co REPORT TO: Honorable Mayor and City Commission FROM: Andrew Epple,Planning Director Chris Kukulski,City Manager SUBJECT: The Children's Place CUP,#Z-06070 MEETING DATE: Monday,May 15,2006 BACKGROUND: This is an application for a Conditional Use Permit to allow the re-use of an existing structure as a daycare center, totaling approximately 2,895 square feet. The site is currently being utilized as a daycare center through a Special Temporary Use Permit(STUP#T-04008) issued on September 27, 2004. The property in question is located at 1705 West Kagy Boulevard, and is legally described as:Tract `B' of COS No. 573, Located in the SW '/a of Section 13, Township 2 South, Range 6, City of Bozeman, Gallatin County,Montana. No deviations are requested. UNRESOLVED ISSUES: None. DRC concerns were addressed through the conditions of approval, and code provisions,as outlined in the attached Staff Report. RECOMMENDATION: That the City Commission approve Application No. Z-06070 with the conditions of approval,and code provisions,as outlined in the attached Staff Report. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Martin Knight at mknightnabozeman.net if you have any questions prior to the public hearing. Respectfully submitted, Andrew Epple,Planning Director Chris Kukulski,City Manager Attachments: Applicant Submittal Materials Report Compiled on May 9, 2006 CITY COMMISSION STAFF REPORT THE CHILDREN'S PLACE CUP FILE NO. #Z-06070 Item: Zoning Application #Z-06070, a Conditional Use Permit to allow the re-use of an existing structure as a daycare center at the property located at 1705 West Kagy Blvd, which is zoned "R-2," Residential Two-Household, Medium Density District. Property Owner: Northwood Land & Livestock Co. 6350 Heavenly Lane Bozeman, MT 59715 Applicant: Terri Murphy i7v5 West Kagy Blvd. Bozeman, MT 59715 Representative: Amy Beausoleil 427 Michael Grove #7 Bozeman, MT 59718 Date: Before the Bozeman City Commission on Monday, May 15, 2006 at 6 pm in the Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana. Report By: Martin Knight, Planner Recommendation: Conditional Approval PROJECT LOCATION The subject property is located at 1705 West Kagy Boulevard and is legally described as Tract `B' of COS No. 573,Located in the SW '/a of Section 13,Township ? South, Range 6, City of Bozeman, Gallatin County,Montana. . The site is approximately 0.60 acres (25,900 ftZ) and is zoned"R-2," Residential Two- Household,Medium Density-District. Please refer to the following vicinity map. #Z-06070 The Children's Place CUP 1 - '" EL R _ subject Property PROPOSAL This is a Conditional Use Permit (CUP) Application to allow the re-use of an existing structure as a daycare center on the property located at 1705 West Kagy Boulevard. The site is currently being used as a daycare center under a Special Temporary Use Permit (STUP #T-04008) that was issued on September 27, 2004. The existing structure occupies approximately 2,895 square feet on a 25,900 square foot (0.60 acre) lot. No modifications are proposed to the structure. Modifications to the parking area, drive accesses, and landscaping have been addressed through the recommended Conditions of Approval as outlined by staff. This application is a CUP because daycare centers are a conditional use in the "R-2" Residential Two- Household,Medium Density District. ZONING DESIGNATION & LAND USES As previously noted, the subject property is zoned "R-2," (Residential Two-Household, Medium Density District). The intent of the "R-2" District is to provide for one and two household residential development at urban densities within the city in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. The following land uses and zoning are adjacent to the subject property: North: Condominium Development, zoned "R-2," Residential Two-Household, Medium Density District. South: Vacant, Gallatin County East: Single Household Residential, zoned "R-S," Residential Suburban District. West: Church, zoned"R-4,"Residential High Density District. 2 #Z-06070 The Children's Place CUP ADOPTED GROWTH POLICY DESIGNATION The property is designated as "Residential"in the Bozeman 2020 Community Plan. This category designates places where the primary activity is urban density living quarters. Other uses which complement residences are also acceptable such as parks,low intensity home based occupations, fire stations,churches, and schools. The residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. It is expected that areas of higher density housing would be likely located in proximity to commercial centers to facilitate the broadest range of feasible transportation options for the greatest number of individuals and support businesses within commercial centers. REVIEW CRITERIA& FINDINGS The City of Bozeman Planning Office has reviewed the application for a Conditional Use Permit against relevant chapters of the Unified Development Ordinance (UDO), and as a result offers the following summary review comments. The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC). This project does not meet the thresholds established by Chapter 18.62 to warrant evaluation by the Design Review Board. Section 18.34.090 "Site Plan Review Criteria" In considering applications for site plan approval under this title, the City Commission, the DRC, and when appropriate, the ADR Staff shall consider the following: 1. Conformance to and consistency with the City's adopted growth policy The development proposal is in conformance with the Bozeman 2020 Community Plan including the"Residential"land use designation. 2. Conformance to this title,including the cessation of any current violations The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following code provisions must be addressed prior to Final Site Plan approval: a) Section 18.34.100.0 states that the right to a use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land,his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use. b) Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls,fencing or plant materials. 3 #Z-06070 The Children's Place CUP c) Section 18.42.150.F states that all light fixtures, the light source and associated lenses shall not protrude below the edge of the light fixture, AND shall not be visible from adjacent streets or properties. d) Section 18.42.170 states the size of the trash receptacle shall be appropriately sized for the use and approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the location of the trash enclosure, dimensions of the receptacle and enclosure and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. e) Section 18.42.170 requires a lighting plan for all on-site lighting,including wall-mounted lights on the building,must be included with the final site plan submittal materials. Section 18.46.040.E states that bicycle parking facilities shall be provided. g) Section 18.52.060 states that a Sign Permit Application shall be reviewed and approved by the Planning Office prior to the construction and installation of any on-site signage. h) Section 18.64.110 states that no permit or license shall be issued unless the use, arrangement and construction has been set forth in such approved plans and applications. Engineering Provisions i) The final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. j) Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. k) Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 1) Install "One Way Do Not Enter" signage facing the parking lot, delineating one-way traffic only for the Southern drive access along Kagy. 3. Conformance with all other applicable laws, ordinances, and regulations The proposal conforms to all other applicable laws, ordinances, and regulations. All conditions for a Conditional Use Permit and Site Plan must be met prior to Final Site Plan approval. The plans will be further evaluated against the requirements of the International Building Code if an application is made for a Building Permit. 4. Relationship of site plan elements to conditions both on and off the property The only exterior modifications will involve paving and striping the parking area,installing a dumpster enclosure, and enhancing the landscaping; the principal facade of the structure faces West Kagy Boulevard;No additional signage has been proposed. 4 #Z-06070 The Children's Place CUP 5. The impact of the proposal on the existing and anticipated traffic and parking conditions Drive accesses improvements, in addition to parking area improvements will be required. Daycare centers require 1 space per 200 square feet of floor area. The main floor area is approximately 2,895 square feet. Thus, 12 parking spaces are required. 7 parking spaces, plus one handicap accessible space, will be provided on-site. The remaining parking will be provided from the adjacent church parking area. As a condition of Final Site Plan approval, the applicant must submit a parking agreement with the church that indicates clearly that sufficient parking is being provided. 6. Pedestrian and vehicular ingress and egress Vehicles can enter the parking lot from West Kagy Boulevard and Maple Lane. Currently, the drive access off West Kagy Boulevard is one-way, measuring 14'6" in wide. As a condition of Final Site Plan approval, the drive access will need to be widened to a minimum of 20' for a one-way drive access. Furthermore, signage indicating "One Way" and/or "Do Not Enter"will need to be installed. Sidewalks access the property from Maple Lane. While there is a bicycle lane along West Kagy Boulevard, there are not sidewalks. As a code provision, a bicycle rack will need to be provided. 7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space, and pedestrian areas, and the preservation or replacement of natural vegetation No modifications are proposed to the landscaping. All mature vegetation is to remain on- site. Currently, the site contains 21 mature spruce trees along the eastern property boundary, and a variety of 10'-20' deciduous trees along the northern and western property boundaries. 8. Open space None required exclusive of required yards. 9. Building location and height The existing building meets all height and setback requirements. 10. Setbacks The existing building meets all setback requirements. 11. Lighting The applicants have indicated that there would not be any changes made to the lighting existing on site. Any modifications to exterior lighting will require a lighting plan and must be reviewed, and approved,by the Planning Department prior to installation. 5 #Z-06070 The Children's Place CUP 12. Provisions for utilities, including efficient public services and facilities Utilities were reviewed with the initial development and no changes are proposed. 13. Site surface drainage Nothing will change in regards to drainage patterns on site. 14. Loading and unloading areas The site allows for adequate ingress and egress of delivery vehicles. Deliveries can be made from the parking area off West Kagy Boulevard and Maple Lane. 15. Grading Site grading will remain the same. 16. Signage No signage is proposed. Any new signage requires a sign permit that must be reviewed, and approved by the Planning Department prior to installation. 17. Screening No additional screening has been proposed.All mechanical equipment shall be screened,and this has been established as a code provision for Final Site Plan approval. 18. Overlay district provisions Non-applicable. 19. Other related matters,including relevant comment from affected parties No public comment has been received. Any comments received after the date of this Staff Report will be distributed to the Commission at the public hearing. 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title,whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; b. The subject of reciprocal and perpetual easements or other agreements to which the City is a parry so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. Non-applicable. Section 18 34100 "City Commission Consideration and Findings for Conditional Use Permits" 6 #Z-06070 The Children's Place CUP In addition to the review criteria outlined above, the City Commission shall, in approving a conditional use permit, find favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces,walls and fences,parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. The proposed site is adequate in size and topography to accommodate the proposed daycare center. The yards, parking, and landscaping properly work within the context of the existing and surrounding sites. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. With the conditions outlined by Staff, the proposal, for a daycare center, will not have adverse effects upon the abutting property. Again, Staff has received no public comment regarding this proposal. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: regulation of use; special yards, spaces and buffers; special fences, solid fences and walls; surfacing of parking areas; requiring street, service road or alley dedications and improvements or appropriate bonds; regulation of points of vehicular ingress and egress; regulation of signs; requiring maintenance of the grounds; regulation of noise,vibrations and odors; regulation of hours for certain activities; time period within which the proposed use shall be developed; duration of use; requiring the dedication of access rights; other such conditions as will make possible the development of the City in an orderly and efficient manner. a. Regulation of use: No special recommendations. b. Special yards, spaces and buffers: No special recommendations. c. Special fences, solid fences and walls: No special conditions recommended. d. Surfacing of parking areas: Paving and striping of the parking area is required. Drive access off West.KaMT Boulevard needs to be widened to City standards. e. Requiring street, sen:jce road or alley dedications and improvements: No special recommendations. f. Regulation of points of vehicular ingress and eoress: Widening of the drive access off West Ka.gy Boulevard. The property will continue to utilize what is existing. g. Regulation of s ns: All new proposals for signage must be approved by Vicki Hasler, Code Enforcement Officer for the City of Bozeman. h. Requiring maintenance of the grounds: This has been addressed with the previous review. i. Regulation of noise, vibrations and odors: The issuance of the CUP will not acid noise, vibrations or odors. J. Re<4ulation of hours for certain activities: No regulations are recommended. k. Time period within which the proposed use shall be developed: No special conditions recommended. 7 #Z-06070 The Children's Place CUP 1. Duration of use: There is no recommendation from staff on duration of use pending the City Commission's decision. m. The dedication of access rights: None. n. Other such conditions as will make possible the development of the City in an orderly and efficient manner: No additional recommended conditions. Staff has not identified any additional conditions, other than those listed below, to protect the public health, safety, and general welfare. RECOMMENDED CONDITIONS OF APPROVAL Based on the previous analysis,the DRC finds that the application,with conditions,is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following five conditions of approval are recommended: 1. The dumpster enclosure will need to be accessible from the parking area. The location of the trash enclosure, dimensions of the receptacle, and details of the materials used, shall be sent to and approved by the City Sanitation Division. 2. Parking areas to be paved shall be clearly delineated on the Final Site Plan. Adequate snow storage area must be designated outside the sight triangles,but on the subject property. 3. A parking agreement, pertaining to the church parking area, shall be submitted, for review and approval by staff,with the Final Site Plan submittal. 4. Signage indicating"One Way" and/or"Do Not Enter" shall be installed at the appropriate locations for the drive access. Location of these signs shall be clearly depicted on the Final Site Plan. The drive access will need to be a minimum of 20'wide. 5. All utilities lines and easements shall be shown on both the Landscaping and Site Plan for Final Site Plan submittal. 6. The applicant shall comply with all applicable Building/Electrical/Plumbing codes, and permits shall be obtained as required by the Building Division prior to commencement of any tenant improvements. CONCLUSION/RECOMMENDATION The DRC has reviewed the Conditional Use Permit Application to allow the re-use of an existing structure as a daycare center at the property located at 1705 West Ka.gy Boulevard and as a result recommend to the City Commission approval of said application with the conditions and code provisions outlined in this Staff Report. Planning Staff has identified various code provisions that are currently not met by this application. Some or all of these items are listed in the findings of this Staff Report. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance, which are applicable to this project, prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Attachments: Applicant's Submittal Materials 8 #Z-06070 The Children's Place CUP Report Sent To: Northwood Land&Livestock Co, 6350 Heavenly Lane,Bozeman,MT 59715 Terri Murphy, 1705 West Kagy Blvd,Bozeman,MT 59715 Amy Beausoleil,427 Michael Grove#7,Bozeman,MT 59718 9 #Z-06070 The Children's Place CUP