| | | | | | | | | 
| Resolution | NO. 16 |
| | | |
| | | | | | | | | A Resolution to approve S-03-19, a Special Use Permit request to allow a Group Daycare Facility at 174 Buckley Lane. | | | |
| | | | | | | | | BATTLE CREEK, MICHIGAN - 12/3/2019 | | | |
| | | | | | | | |
Resolved by the Commission of the City of Battle Creek:
That, the Planning Commission has reviewed the petition from Ms. Karen Wallace requesting a Special Use Permit to allow a Group Daycare Facility in a “R1B Single Family Residential” property located at 174 Buckley Lane, pursuant to Planning and Zoning Code 1292.03 (b).
The Planning Commission held a public hearing on this matter at its November 18, 2019 meeting, and after due consideration, recommended that the Battle Creek City Commission approve the petition for a Special Use Permit based upon the findings and conditions as set forth in the attached Report of the Planning Commission.
The Battle Creek City Commission having given its consideration to all information presented to it relating to said petition, adopts the findings and recommendations as set out in the report and supplemented by findings set forth on the record of this date which will be attached hereto, and does by way of this resolution approve Special Use Permit S03-19 to allow a licensed group daycare on parcel #3360-07-215-0 finding beyond reasonable doubt that the general standards set forth in City Ordinance 1290.04 will be satisfied by the completion and operation of the proposed development with the following conditions and/or restrictions:
-
All necessary approvals and any required permits shall be obtained, and maintained if applicable, from the appropriate agencies, including but not limited to the State of Michigan, Department of Public Works, and Inspections Department prior to Certificate of Occupancy.
-
The approval of the special use permit is based upon the contents of the submitted application, including but not limited to the nature of the facility being a Group Day Care facility with a maximum capacity of twelve children. Any future proposed change must be reviewed with the Planning Department to ensure consistency with the approved special use permit, and may be subject to approval of a revision of the special use permit by the Planning Commission and City Commission.
-
Pursuant to Chapter 1232.01 (a), no change in the use or occupancy of land or in the use or occupancy of an existing building shall be made, nor shall any new building be occupied for any purpose, until a certificate of occupancy has been issued by the Zoning Administrator or his or her agent. Such a certificate shall state that the new occupancy complies with Building and Zoning Codes.
-
Pursuant to Chapter 1290.02 (e), certificates of occupancy for special uses shall be valid for a period established by the City Commission or as long as the use is established and maintained in conformity with the plans submitted and approved. Occupancy permits shall expire after one year if the use is not under construction or maintained. For good cause shown and upon written application, the Planning Commission may extend a special use permit for six months.
I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on December 3, 2019.
Victoria Houser
| | | |
| | | | | | | | | Battle Creek City Commission
12/3/2019
Action Summary | | | |
| | | | | | | | | | Staff Member: | Christine Zuzga, AICP, Planning Mgr | | Department: | Planning |
| | | |
| | | | | | | | | SUMMARY
| A Resolution to approve S-03-19, a Special Use Permit request to allow a Group Daycare Facility at 174 Buckley Lane.
| BUDGETARY CONSIDERATIONS
| Approval of this request will not have impact on the City budget, and no public services are being requested.
|
HISTORY, BACKGROUND and DISCUSSION
| The applicant is seeking a special use permit to operate a group child-care business out of the home at 174 Buckley Lane.There is currently in-home childcare occurring on site for less than six children; this has been licensed at this location by the State of Michigan since 2014. The applicant has been involved with childcare for 15 years. State of Michigan records contain the initial inspection reports as well as a re-inspection report. There are no special investigative reports for this daycare, which would indicate complaint(s) having been issued to the State.
The applicant is seeking a special use permit to expand the daycare into a group child care home, which would allow up to 12 unrelated children subject to State licensing. The plan is to provide childcare between 5am and 5pm each day, Monday through Friday. One part-time employee is expected to be employed as is required by the State.
Information specific to the property can be found in Attachment #1 Staff Report to the Planning Commission.
| DISCUSSION OF THE ISSUE
|
| POSITIONS
| As required by the Zoning Enabling Act of 2006, as amended, a public hearing notice was published in the Battle Creek Shoppers Guide Thursday, October 31, 2019, and 91 notices of the public hearing were sent by regular mail to owners and occupants of properties located within 300 feet of the subject parcel. The first public hearing notice mailed stated the corrected date and time of the public hearing but listed the wrong day of the week; a correction notice was sent to all 91 owners and occupants.
There was one person at the public hearing who stated they had concerns with traffic. The City received 11 letters, three opposed, and eight in favor of the request. These letters are included in Attachment #2.
As outlined in Attachment #3- Report of the Planning Commission, at their September 26, 2018 Planning Commission meeting, the Planning Commission unanimously recommended approval of the special use permit request. |
| | | |
|