No. 00UR025 - Section 24, T2N, R7E
A request by Sara and Blair Anhorn to consider an application for a Use
on Review to allow a Child Care Center on the south 156.52 feet of Lot C
of the SW1/4 of the SE1/4 of Section 24, T2N, R7E, BHM, Rapid City,
Pennington County, South Dakota, more generally described as being located
at 2710 North Haines Avenue.
Staff recommends that the Use on Review to allow a Child Care Center be continued to the December 4, 2000 City Council meeting as the stipulations have not been met.
Note: Staff recommends
that Condition #22 be modified to read: "Prior to issuance of
a Certificate of Occupancy or occupation of the building, the petitioner
shall submit evidence of State Licensure for the Day Care Center from the
South Dakota Department of Social Services."
PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Use on Review to allow a Child Care Center be approved
with the following stipulations:
Engineering Division Recommendations:
Prior to Planning Commission approval of the Use on Review, a revised site plan shall be submitted identifying the future shared access at the southwest corner of the property;
Prior to issuance of a building permit, the petitioner shall provide evidence of an easement filed with the Pennington County Register of Deeds Office for the shared access easement at the southwest corner of the subject property;
Prior to issuance of a building permit and subject to Engineering Division approval, the petitioner shall submit a revised site plan identifying the public sidewalk to be installed where this property abuts Haines Avenue. Prior to issuance of a Certificate of Occupancy for the building, the sidewalk shall either be installed or financial surety posted to cover the installation with installation occurring within one paving season;
Prior to issuance of a building permit, the petitioner shall provide a topographic and grading plan subject to review and approval of the Engineering Division;
Prior to issuance of a building permit, the petitioner shall submit a site drainage plan for review and approval showing all on-site drainage being directed to on-site inlets and then piped to the Haines Avenue storm sewer system;
Prior to issuance of a building permit, the petitioner shall pay the required Haines Avenue Drainage Basin development fees;
Prior to issuance of a building permit, the petitioner shall submit calculations showing that the existing water and sewer service lines are adequately sized to accommodate the proposed facility;
Fire Department Recommendations:
Prior to City Council approval of the Use on Review, the existing underground fuel tanks shall have been removed subject to approval of the Fire Department;
Prior to City Council approval of the Use on Review, all required soil tests shall have been completed with the results provided to the Fire Department for review and approval;
Prior to City Council approval of the Use on Review, the petitioner shall provide documentation that the South Dakota Department of Environment and Natural Resources has approved of all soil tests;
Prior to issuance of a building permit, the petitioner shall submit plans calling for fire alarms and/or sprinkler systems as required by the Building and Fire Codes;
Prior to Planning Commission consideration of this Use on Review, the petitioner shall identify all fire hydrants on the east side of Haines Avenue and located within five hundred feet of the subject property. Based upon this information, the Fire Department may require the installation of additional fire hydrants upon issuance of a building permit.
Building Inspection Division Recommendations:
Upon application for a building permit, the petitioner shall provide three sets of building plans for review and approval;
Upon application for a building permit, the petitioner shall provide plans for the parking and drainage facilities stamped by a professional engineer;
A building permit shall be obtained prior to any construction;
A Certificate of Occupancy shall be obtained prior to building occupancy;
Pennington County Air Quality Department Recommendations:
17. Prior to any surface disturbance, the petitioner shall receive an air quality permit;
Urban Planning Division Recommendations:
Prior to City Council approval of the Use on Review, the subject property shall be free of all wood and debris so as to comply with the City nuisance ordinance - subject to review and approval of the Code Enforcement Officer;
Prior to Planning Commission approval of the Use on Review, a revised parking plan shall be submitted identifying compliance with all requirements of the Off-Street Parking Ordinance including the following: (a) Number of parking spaces: A minimum number of parking spaces for the day care center shall be one space per full-time equivalent staff member plus one-tenth of a space per child. The number of parking spaces required for the tree-trimming business shall be computed at the rate of 2.10 parking stalls per every 1,000 square feet of floor area (not including vehicle storage areas). (b) Paving: All parking and circulation areas shall be paved including the driveway access to the two rear buildings. If vehicle access is not to be provided to one or both of the two rear buildings then the site plan shall identify the installation of permanent curbing to prevent vehicle access to these structures. (c) Handicapped Parking: One handicapped parking space and associated access aisle per every twenty-five (25) required regular spaces shall be shown on the site plan. (d) Parking lot lighting shall be identified on the site plan; (e) Curbing must be provided where the parking lot abuts sidewalks or the public right-of-way; (f) The two parking stalls located at the southeast corner of the subject property shall be eliminated as they conflict with the relocated entrance to the property; (g) The four parking spaces shown at the front of the building shall be removed unless a new site plan is submitted showing that the stalls meet the minimum stall dimensions of the Off-Street Parking Ordinance. If the stalls are removed then "No Parking" signs shall be posted in this area and that area converted to landscaping; (h) The three parking stalls adjacent to the play area shall be signed and used only for employee parking; (h) Sidewalks or a pedestrian corridor shall be provided adjacent to all parking stalls. Curbing, curb stops, bollards or a similar mechanism shall be installed to protect pedestrians from vehicles.
As per the requirements of the General Commercial Zoning District, only the office for the tree-trimming business can be operated from this site. The only equipment or vehicles allowed on-site for the tree trimming business shall be those customarily associated with a single-family residence. This means that no trucks larger than a pick-up shall be allowed on site. All equipment storage in conjunction with the tree-trimming business shall be indoors only. Furthermore, no transporting or storage of timber shall take place on the site;
Any expansion of the existing tree-trimming business or the day care center or any other change in use of the property shall require a Major Amendment to this Use on Review;
Prior to issuance of a building permit, the petitioner shall submit evidence of State Licensure for the Day Care Center from the South Dakota Department of Social Services;
The Use on Review shall be granted for a period of twelve months, subject to review and renewal;
All applicable health, safety, building and fire codes shall be continually met including the provisions of Chapter 17.50.150 (Child Care Centers) of the City Code;
The maximum number of children to be cared for at this facility shall be fifty-four (54) unless a lesser number is set by the State of South Dakota. In the event the State license allows a lesser number of children then this State-identified threshold shall be the maximum number of children;
This Use on Review shall automatically expire if the use is not undertaken and completed within two years of the date of approval by the City Council, or if the use as approved has ceased for a period of two years;
All fencing around the outside play area shall be a minimum of forty-two inches (42") in height;
Prior to issuance of a Certificate of Occupancy, all parking and circulation areas shall be paved and striped or financial surety posted for the improvements and the improvements completed within one paving season;
Prior to issuance of a building permit, the site plan shall be revised to reflect outdoor play area of at least fifty feet per child (as set by approved capacity);
Prior to issuance of a building permit, a revised landscape plan shall be submitted identifying the provision of 59,440 landscape points. If the undeveloped portion of the lot is to provide a portion of landscape points, then the petitioner shall return this portion of the property to an undeveloped, natural-state landscape. No more than 50% of the required landscape points may be provided via the undeveloped portions of the property. Prior to issuance of a Certificate of Occupancy, all landscaping shall be installed or financial surety posted to cover the cost of the installation with installation occurring within one planting season;
This Use on Review is approved with the understanding that either or both of the two existing rear buildings may be removed from the property in the future; and,
This Use on Review is approved with the understanding that the two rear buildings may be modified by moving the doorways from the south end of the buildings to the north end of the buildings.
Vote: Unanimous (7 to 0)