Minutes - Council - 10/10/2006 - Laserfiche WebLink

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Case #3: Request for an Interim Use Permit to Allow for a Daycare Facility Case of Professional Properties, LLC Ass't Community Development Dir/HRA Executive Dir. Frolik stated Professional Properties, Inc. is proposing to use the ground floor of their current facility at 6675 - 141 5t Avenue as a daycare facility. The site is located in the E-l Employment District, which does not permit this type of use as a permitted use, accessory use, or a conditional sue. Therefore, the applicant has submitted an Interim Use Permit application to operate a daycare facility in the E-l Employment District. Ms. Frolik indicated staff reviewed the site plan that was submitted as part of the Interim Use Permit application. The proposed daycare would have approximately 3,400 square feet of outdoor space for a playground area. The applicant has submitted a letter and a draft sketch plan stating how the applicant will adhere to the State daycare licensing requirements for outdoor space. Ass't Community Development Dir/HRA Executive Dir. Frolik explained the proposed location is in an industrial area, with moderate to heavy commercial vehicle traffic. Various forms of commercial traffic, such as garbage haulers, dump trucks, semis, and various other commercial traffic from surrounding tenants frequenting the area. The proposed location is within close proximity to an asphalt production plant, which does emit odors from asphalt production, as well as a high level of commercial truck traffic during peak operating hours. Operation of the asphalt production plant tends to be intermittent at times, depending on regional construction demand. Peak times of operation would occur in summer months, creating a larger amount of commercial truck traffic at that time. Ms. Frolik indicated the Planning Commission met on October 5,2006 to review the request and conduct the public hearing. There were no verbal or written comments received, other than those of the applicant and Dennis Sharp. Ms. Frolik stated while staff expressed to the Planning Commission having a daycare in an employment area would be a positive amenity for the community, this site may not be appropriate due to existing uses that surround the site having the potential to negatively impact the daycare operation. The Planning Commission also reviewed the intent of the Interim Use Permits and determined that this application does not fall into the category of a use "that is presently acceptable, but that with anticipated development, will not be acceptable in the future." Ms. Frolik advised the Planning Commission recommended denial of the Interim Use Permit. Councilmember Jeffrey noted daycares go through a rigorous approval process. He questioned if the State would approve a daycare use in this facility given the surrounding conditions. Mr. Derrick Bertolas, 6575 - 1415t Avenue NW, stated Debra Williams, the proprietor of the proposed daycare, is present. She has talked to the State. If the City approves an Interim Use Permit the State requirements will still need to be met. Councilmember Jeffrey asked if liability is held by the property owner for a daycare facility with the surrounding conditions. City Council / October 10,2006 Page 7 of 15