§ 21.45.310. Child care centers.

A.

Intent. The standards in this section shall apply to child care centers.

B.

Site plan review.

1.

All child care centers within a residential district as set forth in section 21.45.010 shall be subject to a site plan review as set forth in this section, except in the R-1, R-1A, R-2A and R-2D districts where a conditional use permit is required. Child care centers in non-residential zoning districts shall comply with the requirements of this section exclusive of the site plan review requirement.

a.

Contents. A site plan shall be prepared and approved by the director of the planning department or the director's designee demonstrating the center does not have a permanent or negative impact on those items listed in this subsection substantially greater than anticipated from permitted residential development:

i.

Pedestrian and vehicular traffic circulation and safety.

ii.

Demand for an availability of public services and facilities.

iii.

Noise pollution, air pollution, water pollution and other forms of environmental pollution.

iv.

Furtherance of the goals and policies of the comprehensive development plan and conformance to the plan in the manner required by chapter 21.05.

v.

Other factors deemed relevant to the applicant or the director in review of the application.

b.

Procedure for approval. At least 30 days before acting on a child care center site plan application under this section, the director of the planning department shall publish notice of the application. The notice shall state the names of the applicants and the legal description of the land subject to the application. Such notice, including a map of the vicinity, shall also be provided to any officially recognized community council whose boundary encompasses the center site and to owners of property within 500 feet of the proposed site. The director of community planning and development shall take action on the site plan within 40 days of the site plan application submission date.

c.

Appeals. A decision of the director of the planning department or the director's designee under the authority set forth in this subsection B is final unless appealed within 15 days to the planning and zoning commission. An appeal may be filed by the applicant or by a petition of at least one-third of the owners (excluding rights-of-way) of the privately owned land within 500 feet of the outer boundary of the child care center. In the event of appeal, the planning and zoning commission shall, in accordance with section 21.15.005, hold a public hearing at its next available meeting and apply the standards of this section. An appeal from a decision of the planning and zoning commission may be brought in accordance with section 21.30.010B.

C.

Traffic access. The site shall provide for direct access from a street constructed to Municipal standards.

D.

Maximum lot coverage. The maximum lot coverage by all structures shall be in accordance with the zoning district in which the institution is established. However, regardless of the maximum underlying lot coverage, a minimum of 15 percent of the lot shall remain as a planted open area, landscaped area, natural vegetation area or useable yard, to exclude buildings, driveways, parking areas, sidewalks, etc., unless the Planning Director determines that retention of less than 15 percent of the lot as open area, etc., allows for sufficient buffering of adjacent uses.

E.

Maximum height of structures. The maximum height of structures shall be the same as permitted in the district in which the site is located.

F.

Yard requirements. The minimum yard requirements shall be those permitted in the district in which the site is located or as otherwise authorized by the planning and zoning commission so long as a use within a nonresidential district adjacent to a residential use or district shall provide a 15-foot yard between the two, planted with buffer landscaping as described in section 21.45.125, or as prescribed in section 21.45.200. If the method described in section 21.45.200 is applied, the play yard surfacing for a child care facility, as prescribed by Anchorage Health Department, may be located within this area.

G.

Illumination. Illumination shall be provided in the manner prescribed in section 21.45.080X.4.e. Fixtures and lighting levels shall avoid trespass light, skyglow, or glare. Lighting fixtures with a mounting height greater than 15 feet shall incorporate full cut-off fixtures as defined by the Illumination Engineering Society of North America (IESNA), with flat lens fixtures. Exterior building lighting shall be designed and located to direct the light toward the ground.

H.

Landscaping. Landscaping shall be provided as follows:

1.

All areas not occupied by buildings, structures, storage yards, drives, walks, off-street parking installations, play yards required for child care, or other authorized installations shall be planted with visual enhancement landscaping, as described in section 21.45.125;

2.

Buffer landscaping, as described in section 21.45.125C.2., shall be planted along the length of each lot line which abuts a lot within a residential district. If the child care center is on a site where it is not a primary use, the planning director may determine that an alternative landscape or fencing plan allows for sufficient buffering of adjacent uses, or that landscaping is unnecessary because the lot size is sufficiently large in relation to the use and that it will not create a high impact at the lot perimeter abutting the residential district; and

3.

The property owner shall maintain all landscaping in good condition.

I.

Screening or buffering. The planning and zoning commission may require:

1.

Transition and buffering (15-foot width) or buffering landscaping as described in section 21.45.200E. and 21.45.125C.3. along the length of a lot line.

2.

A bond for the installation of landscaping at the time of implementation of the department or Commission approval. This landscape bond, payable to the Municipality of Anchorage, shall be in the amount of a 120 percent itemized cost estimate prepared by a professional landscape architect of the planting material, topsoil, plus labor for installation. Further, the bond shall remain in effect for a two-year growing period to assure survivability of all trees and shrubs and replacement of dead or stunted landscape materials.

J.

Loading areas. If loading area(s) are required, loading and unloading areas shall be provided on the site in accordance with section 21.45.090. Delivery areas shall be screened from adjacent residential areas by buffer landscaping, or a fence no less than six feet high, except where landscaping or height is limited by section 21.45.020 or section 21.45.110.

K.

Drainage facilities. A site drainage plan and storm drainage facilities shall be constructed in accordance with the requirements of section 21.45.230.

L.

Parking. Parking shall be provided on the lot in accordance with the requirements of section 21.45.080.

M.

Snow management. Snow storage space adjacent to surface parking lots and pathways must be identified on the site plan. To facilitate snow removal, in residential districts snow storage areas equal to at least 15 percent of the total area of the site used for parking, access drives, walkways and other surfaces that need to be kept clear of snow, shall be designated on the site plan. Such areas designated for snow storage shall be landscaped only with grasses and flowers and shall have flat or concave ground surface with positive drainage away from structures and pavements. Storage of snow is not allowed in front setbacks for sites where child care is being provided in structures other than a single-family dwelling or duplex structures. Storage of snow may be allowed in 50 percent of the side and rear setbacks, if trees and other vegetation designated for preservation will not be damaged. If snow is to be hauled off-site, it shall be to an approved snow storage site, and temporary snow storage areas shall be shown on the site plan.

N.

This section shall not apply to any use continuing as a lawful conditional use at the time of adoption of this section.

O.

The use shall meet the requirements of title 23 for construction and life safety issues, where applicable.

(AO No. 2005-185(S), § 33, 2-28-06; AO No. 2009-134, § 1, 1-12-10; AO 2010-45, § 1, 6-8-10; AO No. 2018-118 , § 2, 1-1-19)