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Posted: May 15, 2023
Rapid City
Agenda Item Summary

Agenda Item Ref. #: 23UR010 - Robbinsdale Addition No. 10

Agenda Item Title:

23UR010 - Appeal of Planning Commission's decision on a Conditional Use Permit to allow a child care center

Origination Group:
Planning Commission
Origination Meeting Date:
04/20/2023
City Council Hearing Date:
05/15/2023
Petitioner:
Jenny Jimenez
Staff Contact:
Tanner Holanen, Current Planner II
Location:
3747 Sonora Drive
Agenda Item Summary:
The applicant has submitted a Conditional Use Permit to allow a child care center for a maximum of 20 children at 3747 Sonora Drive. The property is comprised of 0.26 acres of land zoned Low Density Residential District and contains a single-family dwelling and two small accessory buildings. The applicant resides at the dwelling and has operated a family day care home with 12 children since August 2008. The home was built in 1996 and is approximately 2,100 square feet in size with a gross floor area of approximately 2,700 square feet. The attached garage of this home is currently being used as a gymnasium. The letter of intent indicates that the proposed child care center will accommodate a range of different ages from young toddlers, preschool, and primary school children. The children will arrive at the center between the hours of 7:00 am to 9:00 am and are picked up between 3:30 pm to 5:30 pm Monday to Friday. There will be two staff members on the property at any one time. The supporting documents provided by the applicant detail; the operation plan, play space calculations, accessibility, emergency exits, safety policies pertaining to fire, the kitchen, playground, hazardous materials, and crawl space. The operation plan pertaining to traffic and parking is outlined in the applicant’s child care handbook which is reviewed and signed by the parents at registration. A child care center is defined in §17.04.145 of the Rapid City Municipal Code as, a facility, by whatever name, in which care is provided on a regular basis with compensation for 7 or more children under 12 years of age at one time. These facilities include those commonly known as daycare centers, day nurseries, and play groups, but exclude foster homes and family day care homes. As per §17.50.150.C.1 of the Code, play space of not less than 35 square feet per child must be provided. The floor plans submitted identify that 1,360 square feet of indoor play space is being provided. The indoor play area proposed exceeds the minimum requirement by 660 square feet. As per §17.50.150.C.2 of the Code, a fenced-in play area of not less than 50 square feet per child must be provided. The site plan submitted identifies that approximately 2,500 square feet of fenced outdoor play area is being provided in the rear yard of the property. The outdoor play area proposed exceeds the minimum requirement by 1,500 square feet. The submitted site plan identifies that the greenhouse encroaches approximately three feet into the required side yard setback. Prior to the approval of a Building Permit, the existing greenhouse must be relocated a minimum of five feet from the south property line or a Variance must be obtained. The applicant should be apprised that any permanent playground equipment must adhere to the side yard setback requirements.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center

Recommendations:

Origination Recommendation Action:
Approve with Stipulations
Origination Recommendation Notes:
Planning Commission Approved with Stipulations outlined in the Project Report: 4/20/2023
Published in 2023 - PL Agenda Items

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