Planning Commission

Staff Report March 6, 2018

Laura Abernathy, Planning Coordinator

Use on Review (In-Home Daycare) – Theresa Jaramillo, 2537 Meadows Drive

Overview

The applicant named above has recently purchased property at 2537 Meadows Drive, and has applied for

a Use on Review to operate an in-home daycare from this location. The applicant currently has a Use on

Review to operate an in-home daycare at 821 10th

Street, which was issued in July of 2017. The applicant

has one family of three children under her care, two of whom are school-aged children. She is a licensed

daycare operator with the State of South Dakota.

Notifications

Neighboring landowner concerns: 11 official notifications were sent to neighboring land owners within

200’ of the property. Those notifications resulted in the following results based on assessed property

values:

Approve = 44.97% (5)

No Response = 48.79% (5 – implied consent)

Disapprove = 3.12% (1)

The landowner’s property comprises 3.12% of the collective assessed value within the notification zone,

not included in the above totals, which shall indicate approval. A landowner left the following comment:

“We have one directly across the street already.” Three lots within the notification zone are owned by the

developer, which comprises 20.63% of the property values. The developer commented, “We stand by our

covenants.”

Recommendations

City staff has reviewed the request and has no opposition to the request. In the time that the applicant has

been an in-home daycare operator in Sturgis, the Department of Planning and Permitting has not reported

any issues or received complaints against the applicant or her operation. At this point in time, City staff

anticipates no significant impact to traffic in the subdivision, as the traffic count would only increase by

one vehicle entering the subdivision twice a day. She has indicated she does not have plans to increase her

capacity. If approved, City staff will require the applicant install fencing as soon as possible.

Dolan Creek Estates Subdivision does have a covenant in place that states “each residential lot shall be

used for residential purposes only and not for any business, trade, commercial or industrial purpose

whatsoever except that individuals may conduct non-nuisance, inoffensive businesses from their homes.”

This idea is also reiterated in Article VII, Section 5 of Title 18 of the City Ordinance, and a review of the

findings will be thoroughly discussed at the March 6 Planning Commission meeting. The Planning

Commission shall take into consideration the fact that covenants are in place for this neighborhood.

On or around December 1, 2017, the Planning and Permitting staff contacted the developer regarding a

request for a similar at-home daycare within the development, and the developer verbally stated that a

City of Riders Planning Dept.

Ph: (605) 347-4422 ext. 212

Fax: (605) 347-4861

labernathy@sturgisgov.com

1040 Harley-Davidson Way

Sturgis, SD 57785

www.sturgis-sd.gov

2

daycare would be a positive asset to the neighborhood. The Use on Review for that in-home daycare was

approved on December, 18 2017. No issues or complaints for that operation have been received by City

staff to this date. Given the nature of the two requests and the verbiage of the covenants, which has not

changed, staff does not believe a different conclusion can truly be reached for the current request.

Budget Impact

At this time there is no direct financial impact to the City budget.

MEADOWS DR

DOLAN CREEK RD

PINE G

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Property Lines

Highlighted parcel indicates proposed location of daycare.Striped layer indicates 200' notification zone

Date: 2/9/2018

Use On Review – Annual Review

At Home Business Conditions of Approval:

Copies of all South Dakota State Sales Tax returns have been submitted to the City Finance

Office (if applicable)

No signage is visible from a public right of way (with the exception of vehicles)

The actual average daily vehicle count does not exceed 1.25 times the AADT (Annual

Average Daily Traffic) for the type of subject property. In circumstances where the subject

business is of significant importance to the community, the limit maybe extended but shall

not exceed 3.0 times the AADT for the type of subject property.

The subject property does not create noise beyond the times of 7:00 am through 9:00 pm.

The types of sounds and volumes of those sounds created during these hours do not exceed

those typical in a residential neighborhood.

No odor beyond that typical of a residential neighborhood is known to exist.

If the business causes an impact to the utility services beyond those typical of a residence,

then all utility rates are charged as Commercial (two separate unit charges for all City

utilities).

No complaints have been received by the Planning and Permitting Department

Notice has been published in the City’s SIP Publication

Office Use:

March 1, 2018

Date Review completed by staff

Laura Abernathy Staff Member’s Signature

City of Riders Planning Commission

1040 Harley-Davidson Way

Sturgis, SD 57785

www.sturgis-sd.gov

Voice: (605) 347-4422

Fax: (605) 347-4861

Use On Review

Planning Commission Review

Information:

Vote of Noticed Property Owners:

Denied: 3.12 % No. of Votes: 1

Approved: 44.97 % No. of Votes: 5

Not Returned: 48.79 % No. of Votes: 5

Comments from Property Owners:

”We have one directly across the street already.”

The developer has stated that they stand by their covenants.

Required Findings:

The proposed use will be consistent with the adopted general plan for the area.

The requested use at the location proposed will not:

Adversely affect the health, peace, comfort or welfare of persons residing or working in the

surrounding area

Be materially detrimental to the use, enjoyment or valuation of property of other persons

located in the vicinity of the site

Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general

welfare;

The proposed use is significant and an integral part of the planned primary use of the structure for

the next twelve months.

The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking

and loading facilities, landscaping and other development features prescribed in this title,

or as is otherwise required in order to integrate the use with the uses in the area

That the proposed site is adequately served by highways or streets of sufficient width and

improved as necessary to carry the kind and quantity of traffic such use would generate

Proposed use does not violate covenants provided by applicant or property does not have

covenants in place

The application shall be denied where the information submitted by the applicant and/or presented at

public hearing fails to substantiate all such findings that are required by this chapter.

Conditions of Approval:

In the exercise of its approval, the Commission may recommend to the Common Council such conditions

regarding the location, character or other features of the proposed use or buildings as it may deem

advisable in the furtherance of the general purposes of the Ordinance. Such Conditions may involve any

City of Riders Planning Commission

1040 2nd Street, Suite 103

Sturgis, SD 57785

www.sturgis-sd.gov

Voice: (605) 347-4422

Fax: (605) 347-4861

pertinent-factors affecting the establishment, operation and maintenance of the requested use, including,

but not limited to:

Special yards, open spaces and buffer areas

Fences and walls

Parking facilities, including vehicular ingress and egress and the surfacing or parking areas and

driveways to specified standards

Street and highway dedications and improvements, including sidewalks, curbs and gutters

Water supply and fire protection in accordance with the provisions of this ordinance

Landscaping and maintenance of grounds

Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious

matter, heat, glare, electromagnetic disturbances and radiation

Regulation of operating hours for activities affecting normal neighborhood schedules and

Functions

Regulation of signs, including outdoor advertising

A specified validation period limiting the time in which development may begin

Provisions for a bond or other surety that the proposed conditional use will be removed on or

before a specified date

A site plan indicating all details and data as prescribed in Title 18

Recommended by Commission Conditions recommended by Staff

___Yes _____No _______________________________________________________

___Yes _____No _______________________________________________________

___Yes _____No _______________________________________________________

___Yes _____No _______________________________________________________

Additional Conditions recommended by Commission:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Commission Use:

____/____/____

Yes No Abstain

Recommendation: __________Approve

__________Approve subject to Conditions

__________Disapprove

Planning Commission Chair