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HomeMy WebLinkAboutRFD - 24-00657 - Gulley Daycare - 100 N 5th W - CUP(208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Reason for Decision 24-00657 – Gulley Daycare – 100 N 5th W - CUP 1. July 29, 2024, An application was received for a CUP from Robert Gulley and Christy Swenson. 2. July 29, 2024, Application paperwork was completed. 3. July 29, 2024, Payment was received for the application. 4. July 29, 2024, Staff Reviews were assigned. 5. August 8, 2024, Application put on hold while applicants organize requirements for daycare. 6. August 28, 2024, Staff Reviews were completed. 7. August 29, 2024, Notice was sent to the newspaper to be published on September 3, 2024 & September 10, 2024. 8. August 29, 2024, Staff Report was completed. 9. August 29, 2024, Notice was mailed to all property owners within 350’. 10. September 10, 2024, Notice was posted on the property. 11. September 17, 2024, the application was presented to the Planning & Zoning Commission. Public Hearing – (24-00657) Daycare – 100 N 5th W – CUP – The application is requesting a Conditional Use Permit to allow a daycare home based business. - Robert Gulley and Christy Swenson (Action) Presentation: Christy Swenson stated she manages properties for Robert Gully. She shared some history on the home in question as well as owner of the daycare, Brittnee McMinn. Christy pointed out a current daycare nearby before addressing possible concerns the neighborhood may have. Being limited to 12 children, they do not feel there will be any noticeable change in traffic since the property is located on an already busy street. The daycare will be closed on nights and weekends, which will eliminate any noise from parties. According to a public records request, no formal complaints had been made against a nearby daycare. Christy referred to the Comprehensive Plan showing an 80% increase in residential households from 2010-2020 and noted that it is hard to find daycare with most daycares having a 2-year waitlist. She indicated that the Comprehensive Plan suggests that in an Intermediate Residential area, that secondary uses of homes, such as daycares, is encouraged. She stated that having the daycare falls in line with the health and safety aspects of the (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Comprehensive Plan since it is a safe and appropriate place for children and capitalizes on an existing home as well as the urgent need for daycare. Brittnee McMinn is a registered nurse and started the daycare as a way to provide health and safety to children at the next level. She has all certifications and licenses, including Idaho Stars and ICCP. Alan began by stating that it has been a process for this application, and the applicants have done what is needed to meet the rules. The only way to have a daycare in a LDR2 zone was to apply for the CUP and limit the number of children to no more than twelve. He shared they have worked on an easy ingress/egress for drop off and pickup, getting written permission to use an adjacent driveway to allow vehicles to loop through rather than backing up into the road. Both the Fire Department and Building Department will need to do inspections before the daycare can open. Vince reported that there was only one written comment asking specifics of the daycare. He asked Alan to review the role of staff versus the role of the Commission. Alan replied that staff looks at parking, building safety, fire safety, and makes sure the application meets the requirements of the code, or in this case has a plan to meet all of the requirements, based on the approval of the Conditional Use Permit. McKay commented on previous daycare application and how this seemed to be a simpler process. Alan confirmed that the CUP applies to the property, not the owner, meaning if the land sold, the CUP would still be valid. The major condition is limiting the number of children to twelve. Chairperson Smith opened the public input portion of the hearing at 8:00 pm. Favor: Ariel Jensen shared the difficulty her family has faced finding an affordable and flexible daycare. She said this is a great location in the middle of town, but close to the highway, and really likes that this daycare is more of a home environment. Abbigail Luna is currently the director of the daycare and the parent of a child who attends. She commented on the home feel of the daycare and a few of the features of the daycare. She hopes the CUP is approved for her and her child’s future. Neutral: none Opposed: none Written Correspondence: Claudia Chiddix Rebuttal: (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org Christy asked how many written statements had been received. Alan replied only one. She spoke about how traumatizing the daycare experience can be and how this daycare is different. Chairperson Smith closed the public input portion of the hearing at 8:07 pm. Conflict of Interest/Ex parte Conversation: Chairperson Smith asked the Commissioners to disclose any conflicts of interest or conversations held outside of this meeting relative to this particular subject. Commissioner Discussion: Vince reviewed the nearby zones and uses. He commented that 5th W is not a quiet, slow street and he has no hesitations with this application. Sally commented on the positives to allowing daycares in residential zones and thinks this is a good fit. McKay reiterated his support for the updated process of a CUP rather than a zone change. He pointed out that this is located within walking distance of an elementary school and that it makes sense that as Rexburg grows there will be a demand for childcare as parents work to meet the increase in property costs, rents, etc. MOTION: Motion to recommend City Council approve the Conditional Use Permit for the daycare at 100 N 5th W because of its proximity to town and having zoning in the area that is outside of Low Density Residential and will provide a good service to community in that area. Action: Approve, Moved by Vince Haley, Seconded by Jim Lawrence. Commissioner Discussion on the Motion: none VOTE: Motion carried (Summary: Yes= 8, No= 0, Abstain = 0). Yes: Vince Haley (Vice Chair), Todd Marx, Sally Smith (Chairperson), Aaron Richards, Jim Lawrence, McKay Francis, Vanessa Johnson, Brian Thackeray No: none Abstain: none 12. October 2, 2024, application was presented to City Council. Planning & Zoning recommendation to approve a Conditional Use Permit (CUP) to allow a daycare home based business in a Low Density Residential 2 zone at 100 N 5th W - Alan Parkinson City Attorney Zollinger reviewed a Conditional Use Permit (CUP) to allow a daycare home based business in a Low Density Residential 2 zone at 100 N 5th W (208) 359-3020 35 North 1st East Rexburg, ID 83440 Rexburg.org | Engage.Rexburg.org City Attorney Zollinger said the daycare owner is coordinating with one of the neighbors to come up with a better drop off location. He said he can’t say with certainty whether they have obtained approval from Carriage Cove to use their property as a temporary drop off and pick up location. He recommended that in the event that Carriage Cove has not given the daycare owner permission that their Conditional Use Permit be revoked because dropping kids off and picking them up on the street doesn't actually meet our requirement for a home business. They have to have an off-street access point. Council Member E. Erickson said he is in favor of the daycare business because there is a need for childcare in the city. Council Member E. Erickson moved to approve a Conditional Use Permit (CUP) to allow a daycare home based business in a Low Density Residential 2 zone at 100 N 5th W with the condition of a continued existence of an ingress/egress for drop off and pickup must remain available; Council Member Johnson seconded the motion; Council President Walker asked for a vote: Those voting aye Those voting nay Council Member Johnson none Council Member Chambers Council Member C. Erickson Council Member E. Erickson Council Member Reeser Council President Walker The motion carried.