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PL PACKET 05212018
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PL PACKET 05212018
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5/22/2018 4:25:19 PM
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5/16/2018 8:28:39 AM
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May 21, 2018 <br />Page 3 <br /> <br />mean that the city is generally comfortable with the use, as long as reasonable conditions were <br />applied in the independent review of an application. <br />City Code does not specifically establish guidance for the City in the review of code text <br />amendments. However, staff would recommend using the following considerations: <br />1) Is the request in keeping with the intent of the R‐1 Zoning Ordinance “to create and maintain <br />areas which due to the natural amenities of the land, low traffic volumes, and historical <br />development patterns are best suited for single‐family detached residences.” <br />The intent of the Statute protection for childcare centers in the R‐1 district is to allow for such <br />uses on a limited basis (specifically up to 14 children). <br />2) Is the proposed use of a commercial childcare center serving up to 17 children a generally <br />acceptable use, as along as reasonable conditions are applied? <br />The proposed use is not acceptable, given the desire to increase the number of children beyond <br />what is normally allowed in the R‐1 district (17 children). <br />3) Is the use consistent with the other uses in the adjacent neighborhood? <br />This area consists of mostly single‐family homes, however there are religious institutions and <br />schools in the surrounding neighborhood. <br />4) Is there any reason to believe that the proposed use will diminish adjacent property values or <br />disrupt the neighborhood? <br />Staff does not believe property values will be affected. <br />5) Is there a compelling public interest to change the zoning code in this manner? <br />While the existing use is functioning well within a single‐family context, staff believes there is no <br />compelling public interest to deviate from the 14 children maximum protected by statute. <br /> <br />ANALYSIS OF REQUEST FOR A CONDITIONAL USE PERMIT <br />Consideration of the conditional use permit to allow a childcare facility of 17 children at 3029 Wilson is <br />only in order IF the city has taken action to approve the zoning code text amendment to allow a <br />commercial childcare facility serving up to 17 children as a conditional use. Should that action fail to be <br />approved, the city must deny the request as inconsistent with city code. <br />When reviewing the appropriateness of a request for conditional use permit, the following factors must <br />be considered, in accordance with City Code: <br />1) The use is one of the conditional uses specifically listed for the district in which the property <br />is located; <br />Not as currently listed in the zoning code. The use would have to be added as conditional in the R‐ <br />1 zoning district via a zoning text amendment. <br /> <br />2) The City Council has specified all conditions which the City Council deems necessary to make the <br />use compatible with other uses in the area; <br />If approved, staff recommends a series of conditions be applied to this permit, including hours of <br />operation, pick up and drop off times, and compliance with all nuisance and other applicable <br />zoning codes. The applicant has stated in their application letter: “Our hours are 8am‐5pm,
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