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39TH RAINBOW RESERVE RESERVE Q E X E C U T I V E S U M M A R Y CASE PLANNER: Tim Worley REVIEWED AND APPROVED BY: Mary McCrea PUBLIC HEARING: CC: August 23, 2010 AGENDA ITEM: Good Shepherd’s Preschool /2425 39th Street APPLICANT & Matt and Stacie Anderson FEE OWNER: 8300 Lazy H Trail Missoula, MT 59808 LOCATION OF At the corner of 39th Street and Reserve Street REQUEST: LEGAL The legal ad was published in the Missoulian on August NOTIFICATION: 8th, 2010, and in the Missoula Independent on August 12th, 2010. The site was posted on July 19, 2010. Adjacent property owners within 150 feet of the site were notified by certified mail on July 19, 2010. ZONING: RT10 (two unit/townhouse) GROWTH POLICY: The applicable amendment to the 2005 Missoula County Growth Policy is the 1998 Missoula Urban Comprehensive Plan Update, which designates the property as Residential, with a recommended density of 6 dwellings per acre. Surrounding Land Uses Surrounding Zoning North: Commercial C1-4 (Neighborhood Commercial – Intensity Designator = 4) South: Residential RT10 (two unit/townhouse) East: Residential RT10 (two unit/townhouse) West: Residential RT10/R5.4 (two unit/townhouse) RECOMMENDATION THAT the conditional use request be approved. ---PAGE BREAK--- 2 Good Shepherd’s Preschool /2425 39th Street Conditional Use Request August 23, 2010 I. RECOMMENDED MOTION THAT the preschool use be APPROVED as a Conditional Use in the RT10 (two unit/townhouse) Zoning District in the location of Good Shepherd’s Preschool, at 2425 39th Street in accordance with Missoula City Zoning Ordinance, Title 20, Sections 20.05.020(D) and 20.85.070, subject to the recommended condition of approval and based on the findings of fact in the staff report. II. CONDITIONS OF APPROVAL 1. The Day Care Center Use at 2425 39th Street shall comply with all applicable portions of Title 20, to be reviewed and approved by OPG prior to building permit approval, in compliance with Section 20.85.070(H)(1) and of Title 20, Missoula City Zoning Ordinance. III. INTRODUCTION This is a request from Stacie Anderson to approve a Day Care Center use as a Conditional Use in the RT10 (two unit/townhouse) at 2425 39th Street. The proposal is for a preschool with up to 21 enrollees, requiring a conditional use and therefore conformance with Title 20 in the RT10 zoning district. IV. APPLICABLE ZONING REGULATIONS Title 20 Zoning Ordinance, Section 20.85.070(H) outlines the review criteria for review of conditional use applications. According to the Zoning Ordinance, “not all review criteria will apply in every case…[and] only the applicable review criteria need to be met.” Uses that require conditional use approval may be approved by the City Council only when Council determines that the proposed uses meet all the applicable review criteria. V. CONDITIONAL USE REVIEW CRITERIA Findings of Fact: Site Description 1. The property is 20,800 square feet and is located at the intersection of 39th Street and Reserve Street. The proposal is for a new preschool use for up to 21 children at this location. Preschools and day cares with 13 enrollees or more are considered Day Care Centers by Title 20, the Missoula City Zoning Code. 2. The proposed preschool building is a detached single dwelling at the corner of Reserve Street and 39th Street, fronting on 39th Street. Detached, single dwelling residential uses are found to the south, east and west of the property. Safeway is located across 39th Street to the north. 3. Reserve Street runs along the western edge of the proposed Conditional Use, and is classified as a Neighborhood Street. Thirty-Ninth (39th) Street runs along the northern edge ---PAGE BREAK--- 3 of the property, and is classified as an arterial. 4. Area zoning is RT10 south, west and east of the subject property. The Safeway property north of 39th Street is zoned C1-4. A small area directly west of the property, associated with Meadow Hill School and Reserve Street, is zoned R5.4. 5. State tax information lists the dwelling proposed for the preschool as 1274 square feet in size with a full basement. Records indicate 1960 as the year of its construction. 6. The application includes a site development plan illustrating landscaping, site ingress and egress, and parking. Proposed improvements include five parking spaces, landscaping adjacent to parking, a wheelchair ramp to the front door, a paved traveled way with new drainage sump, and access into the site via Reserve Street. Egress is proposed via 39th Street. 7. Title 20 Parking standards require 1 parking space per every 8 day care enrollees, plus 1 space for every two employees. Based on 21 total enrollees, plus staff, the site development plan includes five total parking spaces. Area Services and Characteristics 8. The subject property is within the Missoula Urban Transportation District. The property is served by Bus Routes No. 7 and No. 12. on 39th Street. 9. Reserve Street is classified as a Neighborhood Street, and 39th Street is classified as an Arterial. 10. Boulevard Sidewalk serves the neighborhood along both the 39th Street and Reserve Street frontages. Bike lanes serve both sides of 39th Street. 11. The subject property is inside the Urban Growth Area and the Wastewater Facilities Service Area. The subject property is served by Mountain Water Company. 12. The subject property is located within an established service area for Missoula hospitals and the City Fire and Police Departments. 13. The property is located within the Air Stagnation Zone. 14. On November 4, 2009, Title 20 (the Missoula City Zoning Code) became effective. In the revised code, the RLD-4 zoning district transitioned to the RT10 (two unit/townhouse) zoning district. Day Care Centers are permitted as a conditional use in the RT10 Zoning District. Comprehensive Plan 15. The applicable land use plan is the 1998 Missoula Urban Comprehensive Plan Update (“1998 Plan”). The 1998 Plan recommends residential uses at a density of 6 dwelling units per acre. 16. The 1998 Plan encourages the establishment of a residential land use pattern which provides a high quality living environment in a variety of residential settings, protects public health and safety, minimizes local government service costs, and preserves natural resources. 17. The subject property is inside the Urban Growth Area, described by the 1998 Plan as an area “generally…defined by the availability…of urban services including public safety, cultural, social, health, and transportation services.” Zoning Districts 18. The subject property is zoned RT10 (two unit/townhouse), formerly RLD-4 under Title 19. ---PAGE BREAK--- 4 19. Day care centers serving 13 or more enrollees were a conditional use in the RLD-4 Zoning District under Title 19. They remain a conditional use in the RT10 zoning district, requiring approval by the Missoula City Council. 20. Area zoning is RT10 south, west and east of the subject property. The Safeway property is zoned C1-4. A small area directly west of the property, associated with Meadow Hill School and Reserve Street, is zoned R5.4. 21. Adjacent properties on the south side of 39th Street are zoned RT10. A small area that includes Reserve Street and Meadow Hill School is zoned R5.4. The Safeway property north of 39th Street is zoned C1-4. 22. The lot size, height and building setback standards for the RT10 Residential district are as follows: the minimum parcel size is 10,000 square feet, with 10,000 square feet required per unit; the minimum front yard setback is 20 feet; the minimum interior side setback is 7.5 feet or 33% the height of the subject building; the minimum street side setback is 10 feet; the minimum rear yard setback 20 feet; and the maximum building height is 30/35 feet. 23. The home on the property meets RT10 standards for front, side and rear-yard setbacks. Per the Site Development Plan provided with the Conditional Use Request, the existing home footprint will not change. 24. The subject property has a lot size of approximately 20,800 square feet. The minimum parcel area requirement in the RT10 is 10,000 square feet. Conditional Use 25. The proposed Conditional Use is a new use (change of use) at this location and therefore triggers requirements for compliance with Title 20’s Landscape Chapter and Parking Chapter. Long and short-term bicycle parking will be addressed as a building permit requirement. 26. The site development plan indicates no change in building scale and massing as part of the conditional use. The single dwelling character and footprint is not proposed to change. 27. There are three existing accesses to the site. The site development plan indicates that the existing 39th Street access closest to the intersection of 39th Street and Reserve Street will be closed as part of the conditional use. The applicant proposes ingress via Reserve Street and egress via 39th Street. 28. Title 20’s Landscaping Chapter requires the review of street frontage landscaping, perimeter parking lot landscaping, and buffers and screening where applicable. 29. The submitted site development plan shows landscaping on the site, including plantings between the parking area and the property’s perimeter. Existing vegetation, including mature trees, has also been documented. 30. City Engineering does not object to the conditional use. They noted items requiring correction at the time of building permit submittal. These include parking space dimensions, ADA compliance, and curbing. 31. The conditional use application packet states that day care services will be provided between 8:45 and 5:30. 32. Based on information in the application packet, pickup and dropoff times for the day care center will be concentrated when the center opens at 8:45, and when it closes at 5:30. 33. City Engineering recommends a condition of approval subjecting the applicant to Title 20 ---PAGE BREAK--- 5 compliance at the time of building permit review. 34. Staff recommends approval of one condition that requires the applicant to comply with all applicable Title 20 Zoning Ordinance requirements at the time of building permit review. Conclusions of Law: 1. Whether the proposed use complies with all applicable standards of the Title 20 Zoning Ordinance; 1. The proposed alterations comply with all applicable standards of the RT10 Residential zoning district, or conditions have been imposed that bring the conditional use into compliance. 2. The parking plan proposed as part of the Conditional Use is compliant with Title 20 parking standards with the imposed condition of approval. 3. Title 20 landscaping requirements are met with the landscape plan submitted as part of the conditional use. 4. The new building’s compliance with all applicable sections of the Title 20 Zoning Ordinance is required per the recommended condition of approval and will be confirmed prior to building permit approval. 2. Whether the proposed use is in the interest of public convenience and will not have a significant adverse impact on the general welfare of the neighborhood or community; 1. The day care center use will be served by adequate public facilities and services, and will further facilitate the adequate provision of a local service, because the area is inside the Urban Growth Area and the Sewer Service Area and is currently served by public infrastructure including City Sewer and Mountain Water Company. 2. Off-street parking and loading requirements have the potential to aid in lessening congestion in the streets. Future development of the site will be reviewed for compliance with parking and loading requirements at the time of zoning compliance/building permit review. 3. The day care center use is not anticipated to adversely impact the general welfare of the neighborhood or community. 4. The modified off-street parking, re-designed ingress and egress, and enhanced landscaping appear to adequately mitigate impacts to the neighborhood or community. 3. Whether the proposed use is compatible with the character of the surrounding area in terms of site planning, building scale and project design; 1. The Conditional Use submittal includes a site development plan with a landscape plan demonstrating a general design consistent with the character of the surrounding area. 2. Site planning, building scale and project design are compatible with the surrounding area. 3. The character of the surrounding area is preserved with a parking plan designed to increase off-street parking for the site and adequately address ingress/egress. 4. The proposed Conditional Use either complies with all applicable standards of the RT10 Residential zoning district, or the recommended condition of approval will bring the Conditional Use into compliance with zoning district standards. ---PAGE BREAK--- 6 4. Whether the proposed use has operating characteristics that are compatible with the surrounding area in terms of hours of operation, outdoor lighting, noise, and traffic generation; and 1. Use and occupancy of the subject property will be concentrated during normal working hours. 2. The unchanged outdoor lighting and noise during normal working hours make the use compatible with the surrounding area. 3. Parking, access, and adjacent road infrastructure are adequately sized and designed to manage the traffic generated by the proposed conditional use. 5. Whether the proposed use will not have a significant adverse impact on traffic safety or comfort, including all modes of transport (non-motorized and motorized). 1. The restricted ingress/egress required with Conditional Use approval will adequately mitigate traffic impacts on adjacent 39th Street and Reserve Street. 2. The closed access point at the corner of 39th Street and Reserve encourages uninterrupted use of adjacent non-motorized facilities, including the adjacent bike lane and boulevard sidewalk. 3. The existing motorized and non-motorized transportation infrastructure adjacent to the subject property is adequately sized and designed to manage the anticipated loading. VI. AGENCY COMMENT MUTD: No comment received prior to issuance of staff report. BUILDING DEPARTMENT: “The building department will require a building permit for the change of use from single family residence to a school. A licensed architect or engineer will also be required to assist. We will help the owners through the process.” (Don Verrue, Building Inspector) CITY ENGINEERING: “We may also want to look at making the drive one-way with the entrance off of Reserve depending on the parking lot configuration and the width potential for the entrance driveway.” (Kevin Slovarp, City Engineer) CITY PUBLIC WORKS: “No questions or comments.” (Phil Smith, Bicycle/Pedestrian Coordinator) HEALTH DEPARTMENT – “If this indeed is on a private well they will need to become WATER QUALITY DIVISION: enrolled in the Public Water Supply program.” (Ken Anderson, Health Department) HEALTH DEPARTMENT – “The Air Division at the Health Department has no questions AIR QUALITY DIVISION: or concerns about the proposed Good Shepherd’s preschool.” (Ben Schmidt, Air Quality Specialist) HEALTH DEPARTMENT: “I am the childcare center sanitarian for the Missoula City- County Health Department. I looked into the facility and sent an inquiry to the state licensor. We have no concerns with the ---PAGE BREAK--- 7 facility at this time.” (Alisha Johnson, Environmental Health Specialist) OPG TRANSPORTATION “I'd like to see the owner encouraged to provide bike parking DIVISION: for parents and staff alike. They're proposing to put in an additional sump--I'd also encourage them to design their new landscaping to help capture any additional stormwater run off generated by the paved parking area.” (Ann Cundy, Senior Transportation Planner); “Transportation Division staff has reviewed the Conditional Use request for Good Shepherd's Preschool at 2425 39th Street in Missoula. Staff supports the proposal subject to the following recommendation; That vehicular access to the site be subject to review and approval by the City Public Works Director. Thanks for the opportunity to comment.” (Dave Prescott, Transportation Planner) POLICE DEPARTMENT: No comment received prior to issuance of staff report. PARKS & RECREATION: “We do not have any concerns with this proposal.” (Jackie Corday, Open Space Program Manager) FIRE DEPARTMENT: No comment received prior to issuance of staff report. HISTORIC PRESERVATION: “The property is not within the boundaries of any National Register Historic District. The property contains no known or listed historic or archaeological resources. Therefore in my opinion this project would have no adverse effect on historical or archaeological resources.” (Philip Maechling, Historic Preservation Officer) URBAN INITIATIVES: No comment received prior to issuance of staff report. CITY ATTORNEY: No comment received prior to issuance of staff report. VII. ATTACHMENTS A. Title 20, Section 20.85.070(I) Conditional Use “Factors to be Considered” B. Applicant’s Submittal Packet (Distributed under separate cover) ---PAGE BREAK--- 8 Attachment A Title 20, Section 20.85.070(I) Conditional Use “Factors to be Considered” Factors to be Considered In determining whether all applicable review criteria have been satisfied, the city council may specifically consider the following factors: 1. that new buildings and structures are located to create a positive relationship with their environment, both urban and natural; 2. that the site design properly addresses building orientation, open space, light, sun exposure, views and protection of natural features; 3. that buildings, structures and uses are compatible with adjacent properties and uses in terms of physical design elements such as volume and mass management, building materials, color, open space design, screening, and any other design elements considered important by the design review board; 4. that the overall project will be functional, attractive and safe in terms of pedestrian, bicycle and vehicular access; parking; loading; and servicing; and 5. agency and public testimony.