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HomeMy WebLinkAbout05-15-2008 Planning Commission Meeting Minutes REGULAR MEETING May 15, 2008 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Chairman Todd Samuel. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 Todd Samuel, Chairman No. 2 James Hay No. 3 Andy Anderson No. 4 David Little No. 5 Joe Cruz No. 6 Ray Rose No. 7 Tony Schouviller No. 8 Vacant No. 9 Vacant APPEARANCE OF FAIRNESS: Chairman Samuel read a statement about the appearance of fairness for hearings on land use matters. Chairman Samuel asked if any Commission member had anything to declare. No declarations were made. Chairman Samuel then asked the audience if there were any objections based on a conflict of interest or appearance of fairness questions regarding the items to be discussed this evening. There were no objections. Chairman Samuel asked the audience if there was an objection to either commissioner hearing the mater. There were no objections from the audience. ADMINISTERING THE OATH: Chairman Samuel explained that state law requires testimony in quasi-judicial hearings such as held by the Planning Commission be given under oath or affirmation. Chairman Samuel swore in all those desiring to speak. APPROVAL OF MINUTES: -1- Commissioner Little moved, seconded by Commissioner Hays, that the minutes dated April 17, 2008 be approved as mailed. The Motion carried unanimously. OLD BUSINESS: A. SPECIAL PERMIT FARMING IN A R-S-1 ZONE (DEPARTMENT OF NATURAL RESOURCES) (7500 BLOCK OF ARGENT) (MF #SP08-001) Chairman Samuel introduced the item and explained that it had been presented at the previous meeting and public comment had been received at that time. No further public comments will be taken during the deliberations. Chairman Samuel asked if there were any comments from staff. Staff explained that during the hearing, discussion centered on the use of the property for the storage of farm equipment, increases in nitrate levels due to irrigation and time frames for operation of the farm. Staff then reviewed the proposed list of conditions contained in the written report. Staff asked the Planning Commission if the proposed conditions addressed the issues discussed at the prior meeting. Chairman Samuel and the Planning Commission stated yes. Chairman Samuel stated the approval conditions addressed the questions on the farm. The Planning Commission received good input from citizens that live around the proposed farm and those comments were incorporated into the approval conditions. Commissioner Little moved seconded by Commissioner Anderson that the Planning Commission adopt the findings of fact and conclusions as contained in the May 15, 2008 staff report. The motion was unanimously approved. Commissioner Little moved based on the findings of fact as adopted seconded by Commissioner Anderson that the Planning Commission recommend the City Council grant a special permit to the Department of Natural Resources for a farm in the 7500 block of West Argent with conditions as contained in the May 15, 2008 staff report. The motion was approved unanimously. Staff noted the recommendation would go to the City Council for action at the first regular meeting in June, 2008. An appeal of the recommendation would cause a closed record hearing to be held before the City Council. -2- PUBLIC HEARINGS: A. Special Permit Kids R Kids Daycare (Maria Aguilar) (1901 N 20th Ave) (MF#SPO8-002) Chairman Samuel read the master file number and asked staff for a report. Staff stated that a notice of the hearing was published in the newspaper and mailed to surrounding property owners within 300 ft of the site. Staff explained from the owner/operator of the existing daycare that is located at 1901 N 20th Ave. wants to expand the facility into a vacant building on the site. The site contains a vacant office building at the corner of Pearl and 20th and a modular office building on the rear of the lot adjacent Richardson Park. The daycare has operated successfully on the site for several years. Staff further explained the property has access from Pearl and 20th Ave. Utilities are available to handle the proposed use. The existing daycare has not generated any complaints or problems from the neighbors. The site also benefit from the nearby Richardson. Staff stated they had concerns about the parking off of 20th. Staff recommended the entrance on 20th should be limited to employee access only. The pick up and drop off for children should be from the entrance off Pearl Street. Commissioner Anderson questioned staff if the parking lot extends completely around the office building. Staff stated there is a front and rear parking lot with a tree in between the two buildings and a playground area in between the two. A pathway/sidewalk joins the two parking lots. Commissioner Little asked if this application had been addressed a couple years ago for the same location location. Staff stated in the past a special permit was granted for the office building located in the rear of the property and last year there was a review for a special permit South of Sylvester on 20th for an existing daycare. Chairman Samuel mentioned he lived the fence on the Pearlside of the building was hit by a car once. He was concerned about the safety of the children playing on the site. Staff explained the playground was located on the North side of the building and the building protects the playground area from Pearl Street. -3- Chairman Samuel wanted verification that children would not be on the side or front of the building. Staff stated there was no room for a playground on the Pearl street side of the building. Commissioner Rose questioned the size of the playground. Staff stated it is a small playground that has been reviewed and approved by DSHS. The children are not all in the playground at one time. They are rotated during the day to accommodate DSHS requirements. Commissioner Little questioned the access from 20th is limited to traffic going north, allowing a right hand turn into the parking lot. Staff did confirm that would be the only real access the parking lot with the new traffic light and turn lane in the middle lane of the street is limited to traffic coming form the south. Commissioner Little questioned if you were going South, would you be able to cross the middle lane and turn into the parking lot. Staff explained with the left hand turn now on 20th it is very difficult to turn left into the parking lot. Chairman Samuel asked staff what the feeling with regards to limiting parking in the front of the building. Staff recommended it should be reserve for employee parking. Chairman Samuel questioned how they could achieve limiting the parking only for employees on 20th . Staff explained the special permit approval conditions could require it. Chairman Samuel asked how much more traffic the daycare would generate. Staff stated traffic could double. However Parents have different work schedules and the traffic would be staggered throughout the day. The applicant could address that issue in more detail. Chairman Samuel questioned if there would be signs indicating Employee only parking on 20th Street. Staff stated that could be a condition of the special permit approval. -4- With no further comment, Chairman Samuel opened the hearing to the public for comment. Erica Ramirez, 1931 N. 19th Ave, said she was a teacher at the daycare and explained their center was open from 5 am to 5:30 pm to accommodate the different schedules of their parents. The children are placed in different classrooms depending on the age group. They are very appreciative for the city placing a traffic light on that corner. She remembers before the light was installed there were many accidents, but not anymore. They have a waiting list for other children to enroll. Chairman Samuel asked how many children are currently enrolled and how many will be accommodated with the expansion. Erica Ramirez stated presently there are 19 children with 3 full time teachers and 1 part time teacher. She anticipates they will have 25-30 children when the second building is open. Chairman Samuel questioned how many children were on the waiting list. Erica Ramirez responded 12 children ages 1 year-5 years old. Chairman Samuel asked Erica if there would be a problem restricting the parking on 201h Ave. only to employees. Erica Ramirez responded that would not be a problem, they would follow the recommendations for the safety of the children. Dennis Houston, 1932 W. Pearl, was in favor of the daycare and stated the daycare is incredible and they keep the property maintained, they have control over their traffic. He simply can't say enough good things about the daycare operators. Mr. Huston lives across the street from the daycare. With no further public comments, Chairman Samuel closed the public hearing. Chairman Samuel recommended that only employees be allowed to park off 20th Ave. and that the drop off and pick up of children should be restricted to the parking area in the back. Commissioner Schouviller moved to close the hearing on the proposed special permit and schedule deliberations, adoption of findings of fact, conclusions and a recommendation to the City Council for the June 19, 2008 meeting. Commissioner Anderson seconded the motion. Motion carried unanimously. Chairman Samuel explained for the applicant that the application would be voted on a next months meeting. Staff would provide a motion containing the -5- approval conditions discussed at this meeting. Final approval will come from the City Council. Commissioner Rose moved, seconded by Commissioner Schouviller, that the meeting be adjourned. The motion passed unanimously. With no further business, the Planning Commission was adjourned at 8:05 pm. Respectfully submitted, David McDonald, Secretary -6-