041-06 - Resolution - Approving a Conditional Use Permit to Allow a Home DaycareCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
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RESOLUTION 041-06
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING A CONDITIONAL USE PERMIT
(CUP 023-06) TO ALLOW A HOME DAYCARE AT 1000 HERON
RIDGE, ON A PROPERTY ZONED RESIDENTIAL 8 (R8).
Tax Account No. 5287-000-019-0002
Legal Description: The SW 1f4 of the NW 1f4 of Section 35, Township 24N,
Range 1E., W.M., Kitsap County, Washington
WHEREAS, the applicant submitted an application for a Conditional Use
Permit
on August 2, 2006, and a notice of complete application was sent to the applicant on
August21, 2006; and
WHEREAS, the proposed purpose of this request is to establish a home
daycare facility out of the applicants' residence which is located in the Heron Ridge
Subdivision, and
WHEREAS, the site of the proposed use is zoned R8 and requires a CUP
for home daycare facilities; and
WHEREAS, the issuance or granting of a CUP is governed by B3 Section
3 of Ordinance No. 1748; and
WHEREAS, on September 18, 2006, the City Planning Commission held
the required public meeting in accordance with the criteria set forth in Chapter B3:
Permitted, conditional, and special use tables of Ordinance No. 1748, Zoning Ordinance
of the City of Port Orchard and in the Planning and Development Procedures
established under Resolution No. 1844; and
Resolution No. 041-06
Page 2 of 4
WHEREAS, the City Planning Commission, reviewed materials and
considered all information presented, and recommended approval, with conditions, of a
Conditional Use Permit to allow an in-home daycare at 1000 Heron Ridge as shown on
the attached Planning Commission Resolution 021-06; and
WHEREAS, after proper notification the City Council held a public hearing
on October 9, 2006; took testimony from the applicant's agent and other citizens;
reviewed the application materials and considered all information presented, and by
majority vote, voted to approve the Conditional Use Permit with conditions; and
WHEREAS, the City Council has considered all other relevant facts and
has determined that the public interest will be served by the conditional use; and
WHEREAS, being fully advised, the Council finds and concludes as
follows:
TESTIMONY AND EXHIBITS
The Council bases its findings and conclusions upon the following Exhibits and
Testimony that it finds to be relevant, credible, and persuasive.
1. The following documents were admitted into the record:
a. City Council Agenda Staff Report dated October 9, 2006, together with
Attachments.
2. The following testimony was taken and recorded:
a. Planning Director Long-Woods, presented the Council Agenda staff report.
b. Jose Menorca presented his case for the conditional use permit.
c. Gil Michael, 228 Seattle Avenue, spoke in favor of the proposed daycare.
d. Linda Wyatt, 1111 Olney Avenue, spoke in favor of the daycare.
e. Loren Combs, 1102 Broadway, Tacoma, spoke in favor of the daycare.
FINDINGS AND CONCLUSIONS
1. The Council adopts the findings and conclusions as set forth in the staff
report and Planning Commission resolution number No. 021-06 as its own,
and the same are incorporated by reference.
2. The Council does not have the legal authority to enforce a private covenant
prohibiting the operation of a daycare, and under state law is directed to
provide for the availability of daycare facilities.
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Resolution No. 041-06
Page 3 of 4
3. The proposed project will be designed in a manner that is compatible with the
character and appearance with the existing, or proposed development in the
vicinity of the subject property.
4. The proposed project will not hinder neighborhood circulation or discourage
the permitted development or use of neighboring properties due to the
location, size, and height of buildings, structures, walls and fences, and
screening vegetation of the proposed conditional use.
5. The proposed project will be designed in a manner that is compatible with the
physical characteristics of the subject property.
6. The proposed project will mitigate impacts in a manner equal to or greater
than the standards of the City codes.
7. The proposed project will not conflict with the health and safety of the
community.
8. The proposed project will not create pedestrian and vehicular traffic that will
be hazardous or conflict with existing and anticipated traffic in the
neighborhood.
9. The proposed project will provide adequate public facilities or services and
will not adversely affect public services to the surrounding area, or conditions
can be established to mitigate adverse impacts on such facilities.
WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, WASHINGTON RESOLVES AS FOLLOWS:
THAT, based upon the recommendations of City staff and the findings
and conclusions set forth above, the City Council approves the conditional use permit
application (CUP -023-06), subject to the conditions set forth in Planning Commission
Resolution No. 021-06 attached hereto as Attachment "A", except as amended as
follows:
The following condition is deleted:
A. Condition Number 5 is hereby deleted in its entirety.
The following conditions are added:
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Resolution No. 041-06
Page 4 of 4
B. Condition Number 6. The daycare shall be operated in a manner
consistent with the findings and conclusions as set forth herein. If
neighbors file complaints against the facility with the City and it appears
that the facility is not being operated in a manner consistent with the
findings and conclusions set forth herein, then staff shall bring this CUP to
Council for review;
C. Condition Number 7. The Planning Department shall review the
Conditional Use Permit on an annual basis to identify if they are in
compliance with the conditions of approval and if there have been any
complaints of health, safety and welfare of the children in the facility and
shall bring the CUP to Council for review if it appears that they are out of
compliance.
PASSED by the City Council of the City of Port Orchard, signed by the
Mayor and attested by the Interim City Clerk in authentication of such passage this 23rd
day of October, 2006.
ATTEST:
"-· 10t~e.A.zj'~c:?~q //f'Cc~£;;~)
Michelle Merlino, Interim City Clerk
KIM E. ABEL, MAYOR
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City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
RESOLUTION NO. 021-06
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON PLANNING COMMISSION, RECOMMENDING
APPROVAL A CONDITIONAL USE PERMIT (CUP 023-06) TO
ALLOW A HOME DAYCARE AT 1000 HERON RIDGE, ON A
PROPERTY ZONED RESIDENTIAL 8 (R8)
Tax Account No. 5287-000-019-0002
Legal Description: The NW 14 of Section 35, Township 24N, Range 1 E., W.M.,
Kitsap County Washington
WHEREAS, the applicant submitted an application for a Conditional Use Permit
on August 2, 2006, and a notice of complete application was sent to the applicant on August
21,2006;and
WHEREAS, On September 18, 2006, the City Planning Commission held the
required public meeting in accordance with the criteria set forth in Chapter 83: Permitted,
conditional, and special use tables of Ordinance No. 1748, Zoning Ordinance of the City of Port
Orchard and in the Planning and Development Procedures established under Resolution No.
1844, and in conformance with ESHB 1724; and
WHEREAS, the City Planning Commission took testimony, reviewed materials
and considered all information presented, and recommended approval, with conditions, of a
Conditional Use Permit to allow an in-home daycare at 1000 Heron Ridge; and now, therefore
THE CITY PLANNING COMMISSION OF THE CITY OF PORT ORCHARD,
WASHINGTON DOES HEREBY RECOMMEND TO THE CITY COUNCIL:
Approve the issuance of a Conditional Use Permit, CUP023-06 to allow an in-
home daycare at 1000 Heron Ridge, with the following findings, conclusions, and conditions.
FINDINGS
1. The site (1 000 Heron Ridge) is designated Medium Density Residential in the
Comprehensive Plan.
2. The site is zoned R8.
3. An application for a Conditional Use permit was received on August 2, 2006.
PORT ORCHARD CITY OF
4. The proposed conditional use will provide childcare for up to eight children, including
the applicant's own children.
5. Some additional noise may be generated.
6. Frontage improvements meeting City standards including drainage improvements,
sidewalk and gutter are in place.
7. Pedestrian improvements and Landscaping are in place.
8. The proposed use is an allowed conditional use in the R8 zone.
9. The proposed conditional use, as conditioned, is consistent with the applicable
Zoning requirements.
10. The Covenants, Conditions and Restrictions (CC & R's) for the Heron Ridge
Subdivision prohibit the operation of daycares in the neighborhood. The City, by law,
cannot enforce such covenants.
CONCLUSIONS:
1 . The proposed use is consistent with the Comprehensive Plan.
2. The proposed use is consistent with the current zoning.
3. The site is bordered by other homes in the Heron Ridge neighborhood. Since no
exterior alterations are planned, the use is compatible with the character and
appearance of a single-family neighborhood.
4. The proposed conditional use will not hinder neighborhood circulation or discourage the
permitted development or use of neighboring properties due to the location, size, and height
of buildings, structures, walls and fences, and screening vegetation of the proposed
conditional use
5. The physical characteristics of the property will not be altered to accommodate the
proposed use. It is possible that more play equipment will be added to the yard of
the home, but it will be consistent with the residential character of the neighborhood.
6. The impacts of the daycare will include some increased traffic and noise of children
playing.
7. The proposed conditional use will not conflict with the health and safety of the
community.
8. The neighborhood contains sidewalks for pedestrian safety. It may provide some
increased traffic, but, according to the applicant, most children will be coming from
the neighborhood and will be walking.
9. The proposed conditional use will provide adequate public services and will not
adversely affect public services to the surrounding areas.
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RECOMMENDATION: Approval with the following conditions:
1. The applicant must provide a copy of their State license to the City.
2. Maximum daycare enrollment shall not exceed twelve children.
3. If the State revokes or does not renew the daycare license, the Conditional Use
Permit will become null and void.
4. If a sign is proposed, it shall meet the following conditions:
a. Wall signs shall not exceed four square feet
b. Freestanding signs shall not exceed four square feet and six feet in height.
Sign shall be set back a minimum of 10 feet from the property line. The sign
may be mounted on the property fence.
5. The applicant must provide a letter from the Heron Ridge Homeowners Association or
an officer of the Association granting permission to run a daycare.
Passed by the Planning Commission of the City of Port Orchard, WA this 18th day of
September, 2006.
Gil Michael, Planf1ln915Dmm1Ss,o Chair
Attest:
Joanne Long-Wood , Planning Director
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