City of Riders
Planning Dept.
1040 Harley-Davidson Way Sturgis, SD 57785 www.sturgis-sd.gov
Ph: (605) 347-4422 ext. 212 Fax: (605) 347-4861
[email protected] Planning Commission Staff Report March 6, 2018 Laura Abernathy, Planning Coordinator Use on Review (In-Home Daycare) – Theresa Jaramillo, 2537 Meadows Drive
Overview The applicant named above has recently purchased property at 2537 Meadows Drive, and has applied for a Use on Review to operate an in-home daycare from this location. The applicant currently has a Use on Review to operate an in-home daycare at 821 10th Street, which was issued in July of 2017. The applicant has one family of three children under her care, two of whom are school-aged children. She is a licensed daycare operator with the State of South Dakota. Notifications Neighboring landowner concerns: 11 official notifications were sent to neighboring land owners within 200’ of the property. Those notifications resulted in the following results based on assessed property values: Approve = 44.97% (5) No Response = 48.79% (5 – implied consent) Disapprove = 3.12% (1) The landowner’s property comprises 3.12% of the collective assessed value within the notification zone, not included in the above totals, which shall indicate approval. A landowner left the following comment: “We have one directly across the street already.” Three lots within the notification zone are owned by the developer, which comprises 20.63% of the property values. The developer commented, “We stand by our covenants.” Recommendations City staff has reviewed the request and has no opposition to the request. In the time that the applicant has been an in-home daycare operator in Sturgis, the Department of Planning and Permitting has not reported any issues or received complaints against the applicant or her operation. At this point in time, City staff anticipates no significant impact to traffic in the subdivision, as the traffic count would only increase by one vehicle entering the subdivision twice a day. She has indicated she does not have plans to increase her capacity. If approved, City staff will require the applicant install fencing as soon as possible. Dolan Creek Estates Subdivision does have a covenant in place that states “each residential lot shall be used for residential purposes only and not for any business, trade, commercial or industrial purpose whatsoever except that individuals may conduct non-nuisance, inoffensive businesses from their homes.” This idea is also reiterated in Article VII, Section 5 of Title 18 of the City Ordinance, and a review of the findings will be thoroughly discussed at the March 6 Planning Commission meeting. The Planning Commission shall take into consideration the fact that covenants are in place for this neighborhood. On or around December 1, 2017, the Planning and Permitting staff contacted the developer regarding a request for a similar at-home daycare within the development, and the developer verbally stated that a
daycare would be a positive asset to the neighborhood. The Use on Review for that in-home daycare was approved on December, 18 2017. No issues or complaints for that operation have been received by City staff to this date. Given the nature of the two requests and the verbiage of the covenants, which has not changed, staff does not believe a different conclusion can truly be reached for the current request. Budget Impact At this time there is no direct financial impact to the City budget.
2
Date: 2/9/2018
MEADOWS DR
ID
GE C
T
DOLAN CREEK RD
GL EN NR
Highlighted parcel indicates proposed location of daycare. Striped layer indicates 200' notification zone
PINE GLENN DR
Property Lines
Planning Commission
City of Riders 1040 Harley-Davidson Way Sturgis, SD 57785 www.sturgis-sd.gov
Voice: (605) 347-4422 Fax: (605) 347-4861
Use On Review – Annual Review At Home Business Conditions of Approval:
Copies of all South Dakota State Sales Tax returns have been submitted to the City Finance Office (if applicable)
No signage is visible from a public right of way (with the exception of vehicles) The actual average daily vehicle count does not exceed 1.25 times the AADT (Annual Average Daily Traffic) for the type of subject property. In circumstances where the subject business is of significant importance to the community, the limit maybe extended but shall not exceed 3.0 times the AADT for the type of subject property. The subject property does not create noise beyond the times of 7:00 am through 9:00 pm. The types of sounds and volumes of those sounds created during these hours do not exceed those typical in a residential neighborhood. No odor beyond that typical of a residential neighborhood is known to exist. If the business causes an impact to the utility services beyond those typical of a residence, then all utility rates are charged as Commercial (two separate unit charges for all City utilities). No complaints have been received by the Planning and Permitting Department Notice has been published in the City’s SIP Publication Office Use: March 1, 2018 Date Review completed by staff
Laura Abernathy Staff Member’s Signature
Planning Commission
City of Riders 1040 2nd Street, Suite 103 Sturgis, SD 57785 www.sturgis-sd.gov
Voice: (605) 347-4422 Fax: (605) 347-4861
Use On Review Planning Commission Review Information: Vote of Noticed Property Owners: Denied: 3.12 % No. of Votes: 1 Approved: 44.97 % No. of Votes: 5 Not Returned: 48.79 % No. of Votes: 5 Comments from Property Owners: ”We have one directly across the street already.” The developer has stated that they stand by their covenants. Required Findings: The proposed use will be consistent with the adopted general plan for the area. The requested use at the location proposed will not: Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; The proposed use is significant and an integral part of the planned primary use of the structure for the next twelve months. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate the use with the uses in the area That the proposed site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate Proposed use does not violate covenants provided by applicant or property does not have covenants in place The application shall be denied where the information submitted by the applicant and/or presented at public hearing fails to substantiate all such findings that are required by this chapter.
Conditions of Approval: In the exercise of its approval, the Commission may recommend to the Common Council such conditions regarding the location, character or other features of the proposed use or buildings as it may deem advisable in the furtherance of the general purposes of the Ordinance. Such Conditions may involve any
pertinent-factors affecting the establishment, operation and maintenance of the requested use, including, but not limited to: Special yards, open spaces and buffer areas Fences and walls Parking facilities, including vehicular ingress and egress and the surfacing or parking areas and driveways to specified standards Street and highway dedications and improvements, including sidewalks, curbs and gutters Water supply and fire protection in accordance with the provisions of this ordinance Landscaping and maintenance of grounds Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation Regulation of operating hours for activities affecting normal neighborhood schedules and Functions Regulation of signs, including outdoor advertising A specified validation period limiting the time in which development may begin Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date A site plan indicating all details and data as prescribed in Title 18 Recommended by Commission ___Yes _____No ___Yes _____No ___Yes _____No ___Yes _____No
Conditions recommended by Staff _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________
Additional Conditions recommended by Commission: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________
Commission Use:
Recommendation: __________Approve __________Approve subject to Conditions __________Disapprove
____/____/____ Yes No Abstain Planning Commission Chair