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File #: RES 2020-078    Version: 1 Name:
Type: Quasi-Judicial Resolution Status: Passed
File created: 7/20/2020 In control: Town Council
On agenda: 9/1/2020 Final action: 9/1/2020
Title: Resolution Approving a Use By Special Review For Lot 31, Block 27, The Meadows Filing 18 Allowing a Large In-Home Daycare (Located at 2893 Deerfoot Way)
Attachments: 1. Staff Report, 2. Attachment A: Vicinity Map, 3. Attachment B: Resolution, 4. Attachment B Exhibit 1, 5. Staff Presentation, 6. Applicant Presentation
Related files: PC 2020-017

To:                     Honorable Mayor and Members of Town Council

 

Through:                     Tara Vargish, Director, Development Services

 

From:                     Sandy Vossler, Senior Planner, Development Services

 

Title

Resolution Approving a Use By Special Review For Lot 31, Block 27, The Meadows Filing 18 Allowing a Large In-Home Daycare (Located at 2893 Deerfoot Way)

Body

______________________________________________________________________

 

PUBLIC HEARING

 

RESOLUTION APPROVING A USE BY SPECIAL REVIEW FOR LOT 31, BLOCK 27, THE MEADOWS FILING 18 ALLOWING A LARGE IN-HOME DAYCARE (Located at 2893 Deerfoot Way)

 

The Town Council will now consider a request for the approval of  RESOLUTION APPROVING A USE BY SPECIAL REVIEW FOR LOT 31, BLOCK 27, THE MEADOWS FILING 18 ALLOWING A LARGE IN-HOME DAYCARE (Located at 2893 Deerfoot Way).

 

In order to afford all parties due process under law, the Town Council members must be fair and impartial in deciding whether this application should be approved, approved with conditions, or denied. In making that determination, each Councilmember must consider the record, which includes the planning commission recommendation, the staff recommendation, the applicant presentation, public comment presented during the hearing, and other written public comments offered before or during the hearing. Under law, Town Council must evaluate this proposal based solely upon the record and the criteria established under the Municipal Code, which are highlighted in the staff report.  

 

It is important that each Councilmember remain objective and capable of considering information offered into the record during this hearing. 

 

Does any Councilmember believe that he or she is incapable of evaluating and voting on the application consistent with these due process requirements? If so, please describe the situation and recuse yourself from further participation on this agenda item.

Does any Councilmember have a conflict of interest or any other matter he or she would like to disclose prior to proceeding on this item?

 

The Council will hear from the applicant, the public and staff. Time for this public hearing is allotted as follows:

                     Staff Report:                      as needed

                     Applicant Presentation:                      as needed

                     Public Comment:                      as needed

                     Applicant Response                       as needed

                     Council Questions:                       as needed

                     Follow-up Questions:                      as needed

 

Madame Clerk, has this public hearing been properly noticed under the applicable regulations for this type of land use hearing? (Clerk to refer to certification from Development Services, describing the notice).

 

Ms. Vargish, the staff introduction please

 

(Public hearing is conducted, applicant presentation, public comment, applicant response, questions from Council)

 

Do any Council members have any final questions of staff or the applicant before I close the public hearing and refer this to the Council for action? 

 

I now close the public hearing and refer this to Council for discussion and action.

 

 

 

AGENDA MEMORANDUM

 

 

To:                     Honorable Mayor and Members of Town Council

 

Through:                     Tara Vargish, Director, Development Services

 

From:                     Sandy Vossler, Senior Planner, Development Services

 

Title:                     RESOLUTION APPROVING A USE BY SPECIAL REVIEW FOR LOT 31, BLOCK 27, THE MEADOWS FILING 18 ALLOWING A LARGE IN-HOME DAYCARE (Located at 2893 Deerfoot Way)

 

 

Executive Summary

 

On August 13, 2020, the Planning Commission voted 6-1 to recommend approval of a Use by Special Review allowing a large in-home daycare, as presented.  No members of the public offered written comments prior to the meeting, nor joined the meeting to address the Planning Commission.

 

Taylor and Amy Lewison, property owners and operators of Ms. Amy’s Tot Academy, located at 2893 Deerfoot Way, Castle Rock, CO, have submitted a land use application for a Use by Special Review (UBSR) to allow a large in-home daycare on the premises (Attachment B).  Their property is located in The Meadows subdivision (Attachment A)

 

The property is zoned Planned Development (PD) within the Meadows PD, 4th Amendment.  The zoning allows small in-home daycare centers as an accessory use to single-family dwelling units without special Town Council approval.  The Meadows zoning allows large in-home daycare centers, if approved by Town Council as a Use by Special Review.

 

Per the Town of Castle Rock Municipal Code, a small in-home daycare may provide care or education for six children, plus two additional school age children.  A large in-home daycare may operate with seven to twelve children, plus two additional school age children.

 

The Lewisons have been operating a small in-home, state licensed daycare from the dedicated area of their finished, walk-out basement, for approximately two years.  Approval of the UBSR will allow them to expand their services and care for six to eight additional children.  No changes to the interior or exterior of the home are necessary to meet State licensing requirements.   

 

Budget Impact

 

The proposed Use by Special Review will not generate impact fees.

 

Recommendation

 

Planning Commission recommends approval of the proposed Use by Special Review, as outlined in this report. 

 

Proposed Motion

 

I move to approve the Resolution, as introduced by title.

 

Attachment

 

Attachment A:                     Vicinity Map

Attachment B:                     Resolution