July 27, 2012

Commissioner Koenig

motions to approve the agenda, seconded by Commissioner Hafen.

Commissioner Hand

refers to staff.

Ms. Lee

stated that this CUP is allowed in the VR-20 zoning district through the use permit process. Staff finds that this childcare facility at this location will not change the residential character of the neighborhood. It is intended to take place inside an existing residential dwelling built in 1993. There is no new construction or expansion of the existing structure proposed that would change any of the residential character or change any of the subject residential property or the neighborhood.

Ms. Lees

stated in regards to the Waiver Request and the driveway this house was built in 1993 and has a front set back of approximately of 34 4 feet. The circular driveway requirement requires 70 linear feet which is not reasonable to put that in front of the house to accommodate the driveway without moving the house back 40 feet. All childcare facilities require this circular driveway however staff feels it is a requirement better suited to commercial facilities. It is inappropriate to apply commercial standards to a residential facility. The applicant is proposing to pave additional driveways so there does appear to be sufficient parking on site so there won’t be any cars parking in the ROW.

Ms. Lee

does need to make one note that on page 3, under the Discussion Section the second paragraph — Area Characteristics - the first two sentences were not change appropriately, it should read “The subject property is an improved 4 acre site located on Valentine Ave, primary development of the property consists of a single family residence and a septic tank”. Based on these findings and the additional findings outlined in the staff report, staff is recommending the approval of both applications based on the Special Conditions of Approval.

Commissioner Hafen

asks for clarification on the parking, the applicant is proposing to pave additional spots for parking.

Ms. Lee

stated that is correct and the information is being taken off the site plan submitted by the applicant showing the existing driveway and to the left of that Page 3 of 7 shows a black top driveway area and to the far right of the residence it shows an additional black top driveway area.

Commissioner Hafen

states that it is not shown as a condition in the staff report.

Ms. Lee

stated that it is not.

Commissioner Koenig

asks if the home has a septic tank and asks if it is a commercial tank.

Ms. Lee

states it does have a septic tank and she doesn’t believe it is a commercial tank because it was installed with a single family residence.

Commissioner Koenig

states that there will be 12 kids at a house and there will be a regular residential tank.

Ms. Lee

stated that is correct and that the applicant will be required to comply with Federal, State and County Regulations. We can have this go through Building and Safety to go have a septic check to make sure it is sufficient.

Commissioner Hand

refers to the applicant. Earnest Yordy and Susanne Yordy applicants. Ms. Yordy stated that she has had an existing daycare on Bronco Street since 2006. As of December 1* she has closed that daycare and married Mr. Yordy and moved into his home. She is asking for a CUP and the waiver to accommodate the daycare she had on Bronco and move it to Valentine Street.

Mr. Yordy

stated his wife teaches the Abecca program and a good program is needed for the Pre-K. The kids have a schedule they have to follow.

Ms. Yordy

states they get a 20 minute break in the morning, and then they have an afternoon play. The state regulates kids aren’t allowed outside after 6 PM. When she had her daycare on Bronco Street she never had any complaints due to traffic or noise. She stated that the batting cage is her personal property and is not part of the daycare. The playground is fenced in and very professional. Her interest is for the kids and their education.

Commissioner Hand

asks if they have read and understood the Special Conditions of Approval.

Ms. Yordy

stated that she has and understands them. She has complied to all of them, the circular driveway at the other home was never used because it was only 20 ft in radius and two vehicles couldn’t pass on it you would get blocked in. What they are proposing is a lot safer and they are willing to pay the $26,000 it will cost to pay the additional driveways.

Commissioner Hafen

asks for clarification that the daycare will not be using the batting cages. Page 4 of 7

Ms. Yordy

stated that is correct the daycare will not be using them it is personal property.

Mr. Yordy

stated that it is a liability for someone to get hurt.

Commissioner Koenig

questions if the old daycare parents used the circular driveway at all.

Mr. Yordy

stated at the beginning she had a staff member standing outside and even had painted arrows for the parents. She has parents in attendance to clarify that they didn’t use the driveway. The way they are proposing the driveways there will be enough parking. One of the letters states that she has children playing out front and she said that is incorrect she has never let anyone play outside. They have a fenced in area in the back. Public Hearing opened at 2:16 Kevin Deckaer he is one of the parents that didn’t use one of the parents that didn’t use the circular drive. He gets off later than some of the parents, and would be 2" or 3 in the circular drive and would get blocked in until the parents ahead of him would leave. So he would park in the residential driveway in order to not get blocked in. Veronica Horton is another daycare parent that was using the circular driveway and would get blocked in. She stopped using the circular drive in order to stop being blocked in while waiting for other parents to leave. Bob Arnold he lives directly behind the daycare center on Bronco. The one thing he noticed after living there 12 years the noise level with children playing wasn’t a complaint but the dogs would bark at him while he was in his back yard. He did file one complaint and when he came to the door some other people opened the door it wasn’t the applicant.

Mr. Arnold

complained about the children riding their bikes across his property. One boy had climbed over his fence to get something; another boy wasn’t using the batting cages and was batting rocks over towards his house. He had spoken with them regarding the issues. He doesn’t want to begrudge people to make money in this economy. Down the street about three blocks is a big open building maybe for lease or rent.

Mr. Arnold

would like to keep his area a residential area, one thing that might not apply but could help is that he has a family living next to him that has 14 children and a few adults living there. The residential septic can’t handle that amount of people. He has filed a Code Compliance complaint due to the fact the back yard was flooded and the County came out twice and told them nothing was wrong with the home. They since have moved and the gentleman that pumped the septic said it was the worst he has ever seen in the valley because the system was Page 5 of 7 overloaded. He doesn’t know if that would be the same results with the daycare center.

Commissioner Parker

asks the applicant if the previous daycare was on a septic system, and if she plans on having the same amount of children at the new home.

Ms. Yordy

stated yes it was and she will have the exact same amount of children. You won’t be doing laundry or giving the kids baths in there. The house if actually being rented now and there are 14 people living there. She has never had a problem with the septic system there. She opened in 2006 and it has been at least 5 or 6 years since it was pumped over at the home and there have been no leaks. Public hearing closed at 2:24 pm.

Commissioner Hafen

asks staff if the parking will have to go through Building and Safety, and if there is a process for it.

Ms. Lee

stated they will not have to do a site development plan for what they are proposing. Usually what they do when there is an issue or question on a septic tank they refer to Building and Safety because that is there expertise and they are the ones that permit and inspect the septic tanks. It is Ms. Lee’s understanding that septic tanks are put in based on the number of bedrooms and because the bedrooms aren’t changing and the home is still a residential facility the septic tank as is still meet the requirements. It may be just the owner’s responsibility to more frequently maintain or pump the septic tank. As far as the parking goes it would be something that is to be reviewed through Planning.

Commissioner Parker

asks staff if the additional parking that is being proposed on the side of the house will be sufficient for two cars.

Ms. Lee

states it is difficult to tell based on the site plan since there are no dimensions shown. It does appear the one on the far right appears to be 18 ft wide which would accommodate the width of one vehicle and the one on the far left would be closer to the width of the original driveway that would accommodate two cars side by side.

Commissioner Parker

states that they would have parking for at least three cars simultaneously off the street.

Ms. Lee

stated that is correct.

Commissioner Hand

stated if their cars are in the garage then there would be parking for 5 cars, and not all parents come at the same time.

Commissioner Koenig

states that to be trapped in a circular driveway there needs to be more than two cars parked there. The proposed driveways still don’t show that someone won’t get trapped if other cars show up. Page 6 of 7 10.

Commissioner Hand

states that there can be two cars in the driveway, to the left of the house will be additional parking and to the right is an existing driveway that goes to the back yard, which will give at least five spots all together.

Commissioner Koenig

is just concerned with the driveways because someone can back up and hit a child trying to get into their parents cars that is why there is a circular driveway required.

Commissioner Parker

motions to approve CU-12-0010 CUP application to approve a child care facility in the Village Residential zoning district and WV-12- 003 Waiver application to waive the requirement to provide a paved circular driveway based on staff comments and research. Commissioner McCall seconds.

Commissioner Koenig

motions to adjourn, seconded by Commissioner Hafen Meeting adjourned at 2:33 pm. Approved Date: Attest: To) AAS rgeas Chairman Pahrump Regional Planning Commission Pahrump Regional Planning Commission Page 7 of 7 mi x Ke crea ea om” “i iT uo i iT ov 1 amin u © "TP oget » icf 1a a 4 ‘omai a minors F | a ee LL | | a m ” _ no 4 aye - i: - j Z I 3 I m oe sin a tiem ody « a meu if] iu raj = Ton =s oth uo © oo it 1 ; afi== o Ue steams a so ue te = OE wi Ae pe i" A elt a TE Pl Ee Jit m1 4, ai Ti it ot wer t ao Ph “le Ye on ot = BRP Pal Wom = ‘i 1 a= iI fi m In © fous" smear i) a Ly Hu 1 Ip 1 =F - s 1 = Se oe - or 2 met, Mat = ot size [oe ge geo) eee? -fL™ 3 1 ioe ut —_ , vig. i yo ‘er 5 . rare I : ; ih a | Ae as ais fi Ti I an il ff 0 See a mm oo Ya; 6 ut : mm 1 La, s= 1 okey in ano ove 7 F il llell o® 2 ff Z Poh il a is! 1 i 4 7 i _ obo 1 Io " iy — u a a | © os ne I ota £ sie | ‘ im ih Tee mF "etl m1 | $ z 7 f At - nee Si Te on? "on Pe) a ij F 1a | rT =) Be al _ ane 8 yas Ta @ =u o " = : un # 7 al a] : . tm . segue “= MST - = ON ams ee ~ 7 Fa -—,— ive iy oe = ew sa, “. =o Fe i] — & - maf oe 7 lo ie 7 > a me See Te tg T en 0 Se eh | cf uo poe) Pa pet Ted