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LA21-000013 <br />February 16, 2021 <br />Page 2 of 4 <br /> <br /> <br />Applicable Regulations: <br />The B-1 zoning district, in section 78-644 lists permissible Conditional Use Permits: Day <br />nurseries, provided not less than 50 square feet of outside play area per pupil is available and <br />fenced. <br /> <br />Section 78-1 defines day nurseries: Nursery, day, means a use where care is provided for <br />pay for three or more children under kindergarten age for periods of four hours or more per <br />day. <br /> <br />The application is proposing 9,600 square feet for total outdoor fenced-in play area. This <br />would allow for 192 children to be enrolled based on the amount of outdoor space. Children’s <br />Workshop currently has 54 students enrolled, which they stated is roughly 48% enrollment <br />with an enrollment of 110 children is anticipated. This meets the condition for the day <br />nursery. <br /> <br />78-1516 Off Street Parking: Day nurseries, four, plus one for each 500 square feet in excess of <br />1,000 square feet of floor space in the principal structure. <br /> The site currently has 39 existing parking stalls. Following the parking requirements the site will <br />require 24 total stalls, 4 stalls + ((10,088-1,000)/500). The submitted site plan meets this criteria. <br />2 of the spots are dedicated to handicap parking. This will be reviewed by the building official as <br />part of the meeting all ADA standards before any building permits are issued. <br />Applicable Regulation: Conditional Use Permit (Section 78-916) <br />The Planning Commission may recommend and the Council may grant a Conditional Use <br />Permit (CUP) as the use permit was applied for or in modified form. On the basis of the <br />application and the evidence submitted, the city must find that the proposed use at the <br />proposed location is or will be: <br />1) Consistent with the community management plan; the use is listed as a permitted <br />conditional use within the B-1 zoning district. This criterion is met. <br />2) Compliant with the zoning code, including any conditions imposed on specific uses as <br />required by article V, division 3 of the City Code; the use is listed as a permitted <br />conditional use within the B-1 zoning district. This criterion is met. <br />3) Adequately served by police, fire, roads, and stormwater management; This criterion <br />is met. <br />4) Provided with an adequate water supply and sewage disposal system; This criterion <br />is met. <br />5) Not expected to generate excessive demand for public services at public cost; This <br />criterion is met. <br />6) Compatible with the surrounding area as the area is used both presently and as it is <br />planned to be used in the future; The building is currently vacant. It directly abuts a <br />greenhouse with outdoor storage to the west and a gas station to the east. The <br />property is surrounded by commercial uses in the area including service and retail <br />uses, another daycare and senior living located in the same corridor. There is a <br />residential development to the north of the parcel. This criterion is met. <br />7) Consistent with the character of the surrounding area, unless a change of character <br />is called for in the community management plan; This criterion is met.