HomeMy WebLinkAboutResolution 843 - Approving CUP for Preschool at 917 Mendolia r•
PLANNING COMMISSION RESOLUTION NO. 843
A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT FOR THE PURPOSE OF OPERATING A PRESCHOOL LOCATED
AT 917 MENDOLIA WAY
Applicant: Kendra Marineau; Owner: Jeanne Quigley
(37S 2W 1OBB,Tax Lot 807)
File No. CUP-17001
WHEREAS,the applicant submitted an application for a Conditional Use Permit to operate a
Preschool in the Residential Single-Family(R-1-10)zoning district(Application), identified on the
Jackson County Assessor's map as 37S 2W l OBB,Tax Lot 807(Property); and
WHEREAS,the Property is currently planned and zoned for Residential Single-Family uses,which
stabilize and protect the urban low density residential characteristics of the district while promoting
and encouraging suitable environments for family life; and
WHEREAS,a preschool is classified as a Conditional Use in the R-1 zone, designated as such to
allow for special consideration of the use and its effect on surrounding properties; and
WHEREAS,on August 1, 2017,the Central Point Planning Commission opened a duly-noticed
public hearing on the Application,at which time the Planning Commission heard testimony and
comments on the Application; and
WHEREAS,the Planning Commission,as part of the Conditional Use Permit application, has
considered and finds per the Planning Commission Report dated August 1,2017,that adequate
findings have been made demonstrating that approval of the conditional use permit is consistent
with the intent of the Residential Single-Family(R-1) zoning district, now,therefore;
BE IT RESOLVED,that the City of Central Point Planning Commission, by this Resolution No.
843 does hereby approve the Application based on the findings and conclusions of approval as set
forth in Exhibit"A",the Planning Commission Report dated August 1, 2017, which also includes
attachments, attached hereto by reference and incorporated herein; and
PASSED by the Planning Commission and signed by me in authentication of its passage this
Ord day of August,2017.
Planning Commission Chair
ATTEST:
6t§Representative
Approved this 3rd day of August,2017. x
Planning Commission Chair
Planning Commission Resolution No. 843
3'
EXHIBIT"A"
CONDITIONS OF APPROVAL
1) Prior to commencing operation of the preschool,the Applicant shall obtain a business license
with the City of Central Point.
2) Prior to issuance of a business license,the Applicant shall provide the Community
Development Department with an active program record for the proposed preschool,
"Imagination Station", issued by the State of Oregon Child Care Division per ORS 329A.255.
3) The proposed preschool shall comply with all state and local laws, including State regulations
for Recorded Preschool Programs. Failure to comply with these regulations will result in the City
revoking the conditional use permit and business license for the proposed preschool.
4) The preschool shall not operate outside the hours of 9:00am— 12:00pm,Monday,Wednesday
and Friday, excluding drop-off and pick-up times which may occur within 15-minutes of the
hours of operation. The preschool shall be limited to the enrollment of six(6)students. Any
changes to the proposed use(i.e. increasing enrollment or hours of operation, etc.)are subject to
CPMC 17.09,Modifications to Approved Plans and Conditions of Approval.
6) Prior to issuance of a business license, a Change of Occupancy Permit is required per the
condition stated in the Building Department letter,dated June 26 (Attachment"C-4").
7) A sign permit shall be obtained by the Applicant and approved by City staff prior to
installation. The sign face shall be limited to 4-feet by 2-feet in area.
I
I
CENTRAL Community Development
STAFF REPORT Tom Humptzrey'AfCP
POINT Community Development Director
,.lr e,;!,ot t
STAFF REPORT
August 1,2017
AGENDA ITEM(File No.CUP-17001)
Consideration of a Conditional Use Permit application to operate a preschool in a residential neighborhood. The
preschool proposes to locate in an existing accessory structure in the Residential Single-Fanvly(R-1-10)zoning
district.The project site is located at 917 Mendolia Way,mid is identified on the Jackson County Assessor's map
as 37S 2W 1 OBB,Tax Lot 807(Property). Owner: Jeanne Quigley Applicant:Kendra Marineau
SOURCE
Molly Bradley,Corranunity Planner 1
BACKGROUND
The Applicant is requesting a Conditional Use Permit to operate a preschool,"imagination Station",in an existing
400ftz,detached accessory structure located in the rear yard of the Property(Attachment"K'). Per CPMC
17.20.030(0,preschools are designated Conditional Uses in the R-1 zoning district,and require special
consideration so they are properly located with respect to the objectives in the zoning title and their effect on
surrounding properties. The operation of preschool facilities is regulated by the Early Learning Division in the
Oregon Department of Education. The City's review will be limited to land use issues.
Project Description:
The Applicant proposes to open a Recorded Preschool,"Imagination Station",in Fall of 2017,and enroll six(6)
4-year old students,with the potential to increase enrollment in the future. A Recorded Preschool means a facility
providing care for preschool children that is primarily educational for four hours or less per day and where no
child is present at the facility for more than four hours per day(Attachment"B'). Hours of operation are
proposed to be Monday,Wednesday and Friday from 9:00am-12:00pm,following the school district calendar.
Access to the site will be from the public street,Mendolia Way,and off-street parking is provided in the driveway
of the project site,per the Applicant's Findings.(Attachment"E"). There is a gate to the backyard,accessed from
the driveway,which will serve as the main access to the preschool. Restroom facilities will be available to the
preschool children inside the primary residence. The Property is surrounded by Single-Family Residential(R-1-
10)properties.
ISSUES
There are three(3)issues relative to the proposed preschool,which are addressed below:
Page 1 of 5
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1) Parking Requirements. Per CPMC 17,64.02B,a Preschool requires one(1)off-street parking space per
employee,plus 1 space per 5 children the facility accommodates. Based on the Applicant's proposal to have one
(1)employee and six(6)students,a total of two(2)off-street parking spaces would be required to meet the code
standard. The proposed parking plan illustrates two(2)covered off-street parking spaces for the single-family
residence,and three(3)uncovered parking spaces in the driveway(Attachment"A"). As shown on the
Applicant's site plan,use of two(2)of the uncovered parking spaces will cause intermittent disruption of the
access to covered spaces provided in the garage during the hours designated for drop-off and pick-up,causing a
potential conflict with the covered parking spaces.
Comment: The potential conflict with the covered parking spaces is considered minor and can be
mitigated by the Applicant through coordination of ingresslegress for the covered parking to avoid drop-
off and pick-up times. Staff finds that because of the unique characteristics of this application in regards
to proposed preschool attendance and the intermittent disruption of access to the covered garage parking
spaces,that the potential conflict can be prevented through an agreement between the Applicant and
property owner.
2) Enrollment. The Applicant's Findings state that enrollment may be increased in the future. The state does
not determine enrollment standards for Recorded Preschool Programs;therefore,the number of shbdents permitted
to occupy the preschool will be dictated by the off-street parking spaces available at the preschool site. Per
CPMC 17.64.02B,a Preschool requires one(1)off-street parking space per employee plus I space for every 5
students. On this basis,where the maximum number of off-street parking spaces available is tlnw(3),the
maximum number of students that can be accommodated is ten(10).
Comment: Staff recommends that,per Condition of Approval 44,the Applicant be limited to maximum
enrollment of ten(10)students at the proposed preschool.
3) Public Comments, luring the public comment period,two(2)kett=of opposition were received from
property owners adjacent to the project site(Attachments"D-1,D-2"). The concerns raised in the letters are
summarized and addressed in categories of concern below:
A) Alternative Zoning Districts. Both letters received by the City raise concerns about the
compatibility of a preschool within the residential zoning district,and recommend finding an alternative
zoning district to locate the operation.
Comment: Per the current municipal code,preschools are classified as a conditional use in the
Residmtial Single-Family(R-1),Residential Two-Family(R-2),and Residential Multiple-Family
(R-3)zoning districts. Preschools are not identified as a permitted use or as a conditional use in
any other zoning district. Because preschools may pose potential impacts to the livability or
desired character of an area,a conditional use permit is required to identify these potential
impacts,and to apply conditions that will address identified concerns. This Application has been
conditioned per the approval criteria in CPMC 17.76.040 to mitigate the potential impacts that a
Page 2 of 5
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preschool may pose to the surrounding neighborhood.
$) Child Safety and Liability. One letter of public comment asks if the City could be held responsible
for incidents of child negligence or inadequate supervision that might put a child in danger.
Comment: Child safety and liability are addressed through the State's operation requirements
and are regulated by the Early Learning and Child Care Division in the Oregon Department of
Education. The proposed preschool is classified as a Recorded Preschool Program,which means
it must be recorded with the State but is exempt from licensure. Per OAR 414-450-00330,the two
(2)requirements for Recorded Preschool Programs are 1)Complete a background check on all
staff and volunteers 18 years of age or older who have contact with children in the program;and
2)Post a notice where it is visible to parents that the preschool is recorded with the Child Care
Division and is legally exempt from licensure(Attachment"h3'J. The proposed preschool
operation is subject to both sanctions and denial of application by the State if it is found to be in
violation of regulations per applicable OAR Through Condition of Approval#2,the City also
has authority to revoke the conditional use permit and business license if the Applicant violates
any State Rules for Recorded Programs,or any conditions of approval that are set forth in this
report. The City is not liable for potential negligence that occurs at a privately runn preschool on
private property.
C) Noise. The letters of opposition from the adjacent property owners state concerns regarding the
potential impact to their quality of life due to noise from preschool Audents that could disrupt
surrounding neighbors during the hours of the preschool's operation.
Comment The preschool is proposing to operate in the 400112 accessory structure in the
backyard of the Property,with activities occurring both inside and outside the structure. The
Applicant has stated in her findings that a 6-foot fence surrounds the back yard of the Property,
and four tall trees stand next to the rear yard fence,which may help to contain or buffer noise
from the preschool. The Conditional Use Permit process provides an opportunity to mitigate
potential impacts,such as noise,from a proposed use. In response,staff recommends Condition
of Approval#4 which prohibits the Applicant from operating the preschool outside the hours of
9:00am- 12:00pm on Monday,Wednesday and Friday during the school year,and limits the
number of preschool student enrollment to ten(10).
FINDINGS
The Applicant has stated in their findings that all requirements outlined per the Conditional Use Permit section
17.76.040 have been met(Attachment"E").
Page 3 of 5
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4
CONDITIONS OF APPROVAL
1) Prior to commencing operation of the preschool,the Applicant shall obtain a business license with the
City of Central Point.
2) Prior to issuance of a business license,the Applicant shall provide the Community Development
Department with an active program record for the proposed preschool,"Imagination Station",issued by
the State of Oregon Child Care Division per ORS 329A.255.
3) The proposed preschool shall comply with all state and local laws,inchding State regulations for
Recorded Preschool.Programs. Failure to comply with these regulations will result in the City revoking
the conditional use permit and business license for the proposed preschool.
4) The preschool shall not operate outside the hours of 9:O0am-12:00pm,Monday,Wednesday and
Friday,excluding drop-off and pick-up tines which may occur within 15-annutes of the hours of
operation. The preschool shall be limited to the enrollment of ten(10)sux encs. Any changes to the
primed use(Le.increasing enrollment or hours of operation,etc.)are subject to CPMC 17.09,
Modifications to Approved Plans and Conditions of Approval.
6) Prior to issuance of a business license,a Change of Occupancy Permit is required per the condition
stated in the Building Department letter,dated June 26(Attachment"C-4").
7) A sign permit shall be obtained by the Applicant and approved by City staff prior to installation. The
sign face shall be limited to 4-feet by 2-feet in area.
ATTACHMENTS
Attachment"A-1"- Site Plan
Attachment"A-2"-Elevations and Photos
Attachment"B"-"Rules for Recorded Programs"-Oregon Administrative Rules
Attachment"C-1"-RVSS Comments,June 1,2017
Attachment"C-2"-Airport Comments,June 28,2017
Attachment"C-3"-Fire District#3 Inspection,June 15,2017
Attachment"C-4"-Building Official Comments,June 26,2017
Attachment"C-5"- Public Works Department Comments,June 26,2017
Attachment"D-1"- Public Comment#1,dated July 11,2017
Attachment"D-2"- Public Comment#2,dated July 17,2017
Attachment"E"-Applicant's Findings of Fact
Page 4 of 5
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Attachment"F"—Resolution No.843
ACTION
Consideration of a Conditional Use Permit(CUP)to allow a preschool,"Imagination Station",to operate in the
Residential Single-Family(R-1-10)zoning district. The Planning Commission may choose to
1)Approve the CUP;2)Approve the CUP with conditions;or 3)Deny the CUP.
RECOMMENDATION
Approve the Conditional Use Permit with coa&tioas as recommended in the Staff Report dated August 1,2017,
or as otherwise amended by the Planmag C ranussm.
Page 5 of 5
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ATTACHMENT "B"
State of Oregon
Employment
Department
CHILD(.ARE
DIVISION
Rules for Recorded Programs
School Age and Preschool Programs
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Oregon Employment Department
Child Care Division
503-947-1400 . 1-800-556-6616
REC-305 07/01/2010
Oregon Employment Department•Child Care Division•www.childcareinoregon.org
12
Introduction
And
Information Regarding Recorded Programs
There is a large body of knowledge, including new brain research, about the importance of
early childhood. We know that the foundation of a child's health and character is
established during the early years of life. If children do not have opportunities early in life
for normal development of their minds, bodies, and relationships with others, it becomes
increasingly difficult to make it up to them later. There is no second chance at childhood,
and the future of this state depends on the healthy physical, mental, and emotional growth
and development of today's children.
It was with this in mind that the state of Oregon enacted Oregon Administrative Rules
(OAR)414-425-0000 et seq and 414-450-0000 et seq, that are the Child Care Division
requirements for recorded programs. The purpose of these rules is to collect and publish
information on school-age programs and require criminal background checks on staff and
volunteers having contact with children in these programs
The Child Care Division, with the assistance of child care programs,the Center for Career
Development in Childhood Care and Education, the Oregon Family Child Care Network,
the Department of Human Services(Health Division), the USDA Food Program
(Department of Education), the Commission on Children and Families,the Commission for
Child Care, and several other state agencies developed these administrative rules.
You do not need to record your Program with the Div-Won if it is;
• Operated by a school district as defined in ORS 332.002
• Licensed with the Child Care Division
• Provides care that is primarily a single enrichment activity, for eight hours or less a
week
If any of these apply, your program is not required to be recorded with the Division
Questions regarding these rules can be directed to:
Oregon Employment Department
Child Care Division
503-947-1400 . 1-800-556-6616
13
RULES FOR RECORDED PROGRAMS
PRESCHOOL PROGRAMS
414-450-0000 Purpose
(1) Oregon Administrative Rules (OAR)414-450-0000 through 414-450-0040 are the
Child Care Division's minimum requirements for preschool recorded programs.
The purpose of these rules is to collect and publish information on preschool
recorded programs, and require criminal background checks on staff and
volunteers having contact with children in these programs.
(2) Nothing in these rules is intended to create requirements applicable to a program
that is:
(a)Required to be certified under ORS 657A.280 or registered under ORS
657A.330; or
(b)Operated by a school district as defined in ORS 332.002; or
(c) Operated by a political subdivision of this state; or
(d)Operated by a governmental agency.
414-450-0010 I lg1.
(1) 'Child Care"means the care, supervision, and guidance on a regular basis of a
child, unaccompanied by a parent, guardian, or custodian, during a part of the 24
hours of the day, with or without compensation.
(2) "CCD" means the Child Care Division of the Employment Department, or the
Administrator or staff of the Division.
(3) "Preschool-Age Child" means a child who is 36 months of age up to the summer
vacation months prior to being eligible to be enrofled in the first grade in public
school.
(4) "Preschools Recorded Program" means a facility providing care for preschool-
age children that is primarily educational for four hours or less per day and where
no preschool child is present at the facility for more than four hours per day.
(5) "Program Record" means the document a preschool recorded program is issued
by the Child Care Division to operate a preschool recorded program pursuant to
ORS 657A.257 and OAR 414-450-0000 through 414-450-0040.
(6) "School-Age Child" means a child eligible to be enrolled in the first grade or
above in public school including the months of siimrner varAtion prior to being
eligible to be enrolled in the first grade or above in the next school year, up to age
13. For purposes of these rules, a child attending kindergarten may be
considered a school-age child.
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(7) "Staff' means any individual 18 years and older who works in, and has contact
with children in the program.
(8) "Volunteer" means any individual 18 years or older who intends to perform
uncompensated duties for the program and who may have unsupervised contact
with the children in the program; or who is in the facility more than four hours per
year and has contact with children in the program.
414-450-0020 A wliicatlon for a Program Record
(1) No person or organization shall operate a preschool recorded program without an
active program record issued by the Child Care Division(CCD).
(2) Application for a program record shall be made on forms provided by CCD. The
original forms must be submitted to CCD for processing.
(3) A completed application is required:
(a) For a new program record
(b) For renewing a program record
(4) There is a non-refundable processing fee of$20 for each application.
(5) To determine if requirements are met, the applicant may be required to supply
additional information or permit CCD to visit and assess the program.
414-450-0025 Issuance of a Preschool Program Record
(1) CCD shall issue a program record to a person or organization operating a
preschool program if CCD determines that the applicant meets the requirements
of ORS 657A.250 to 657A.450 and OAR 414-205-0000 et seq and OAR 414-300-
0000 et seq and OAR 414-450-0000 through 414-450-0040.
(2) A program record is valid for two years from date of issuance.
(3) A program record authorizes operation of the preschool recorded program only at
the address described in the record and only by the person named in the record.
(4) CCD will create and maintain a database of preschool recorded programs. The
database will include:
(a) Name and address of the program;
(b) Name of contact person; and
(c) Program information such as capacity, age range of children served, and
hours of operation.
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414-450-0030 General Requirements
(1) The preschool recorded program must assure that criminal background checks
are done on all staff and volunteers prior to having contact with children in the
program.
(2) The preschool recorded program must post a notice where it is visible to parents
that the program is recorded with CCD and is legally exempt from licensure.
414450-0040 Denial of Application and Sankt om
(1) An initial application for a new program record or renewal application may be
denied if the Division finds that:
(a)The program or its operation does not comply with ORS 657A.250 to ORS
657A.450,with applicable rules or with any term or condition imposed under
the record; or
(b)A visit, on-site investigation or inspection of a program or its records
authorized by ORS 657A.390 has not been permitted.
(2) A person or organization that violates any provision of this section or any term or
condition of a program record is subject to a civil penalty not to exceed $100.
6
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ATTACHMENT "C-1 to
�0A1 uir� i
ROGUE VALLEY SEWER SERVICES
Location:138 West V ilas Road,Central Point,OR-Mailing Address:P.O.Box 3130,Central Point,OR 7502-0005
TeL(541)6646300,Fax(54t)6647171 www.RVSS.us
June 1,2017
Molly Bradley
City of Central Point Planning Department
155 South Second Street
Central Point,Oregon 97502
Re:917 Mendolia Way,Tax Lot 80,Map 37 2W 10B
There is an 8 inch sewer main on lbiendolia Way fronting the East property line of Tax Lot 807.
The subject tax lot is currently served by a connection to this mun.
The sewer service for this tax lot will not be affected by the proposed use_However,the change of
use will require a calculation and payment of applicable SDC charges.An RVSS sewer service permit
will be subject to the configuration of any proposed building sewer outside of the existing structure.
The project is within the Phase 2 stormwater quality area,however the project does not require
stormwater management as impervious surface will not be added.
Rogue Valley Sewer Services requests that approval of this project be subject to the following
conditions:
Prior to the start of construction:
1. Applicant must provide site and architectural pians to RVSS for the calculation of applicable
sewer SDC fees and evaluation of a sewer service permit
2. Applicant must pay all applicable sewer SDC fees to RVSS.
3. Applicant must obtain a sewer service permit if required.
During Construction and prior to final acceptance.
1. Sewer service to the proposed project must be inspected and accepted by RVSS if a sewer
permit is required.
Feel free to call me if you have any questions.
Nicholas R. Bakke,PE
District Engineer
K:SDATA\AGENCIES\CENTPT`TLANNG\PA12017\917 MENDOLIA
WAY PRESCHOOL.DOC
17
ATTACHMENT "C-2"
Molly Bradley
From: Marcy Black <BlackMA@jacksoncounty.org>
Sent: Wednesday,June 28, 2017 8:53 AM
To: Molly Bradley
Subject: RE:Action (Needed:Agency Comments on Land Use Application
Attachments: image001.png
Molly:
The Airport has no comments.
Thanks,
Marcy BCack
Deputy Director-Administration
From:Molly Bradley[maffto:Molly.Bradley@centralpointoregon.gov]
Sent:Monday,June 26,2017 9:24 AM
To:Aaron Gratias<Aaron.Gratias@pacificorp.com>;Bobbie Pomeroy<Bobbie.Pomeroy@centraipointoregon.gov>;
Chad Pliler<Chad.Pliler@dECSO911.com>;David McFadden<David.McFadden@avistacorp.com>;Derek Zwagerman
<Derek.Zwagerman@certtralpointoregon.gov>;Jeff Keyser<jeff keyser@pacificorp.com>;Jeff Wedman
<jeff.wedman@centurylink.com>;Marcy Black<BlackMA@jacksoncounty.org>;Mark Kimmelshue
<mark.kimmelshue@centurylirik.com>;Mark Northrop<MarkN@jcfd3.com>;Matt Samitore
<Matt.Samitore@centralpointoregon.gov>;Mike Ono<Mike.Ono@centralpointoregon.gov>;ctappert@rvss.us
Subject:Action Needed:Agency Comments on Land Use Application
Good Morning,
The City has received a Conditional Use Permit application to operate a preschool in a residential neighborhood(file No.
CUP-17001). The project site is located at 917 Mendolia Way in the Residential Single-Family(R-1-10)zoning district,
and identified on the Jackson County Assessor's Map as 37 2W 1069 Tax Lot 807. The request for comments is attached
to this email for your review. Additional information regarding the application,including site plan and findings of fact,is
available at the link below:
http:LLVMM.cenf�lno�nts�reaon g*v&dLaroiect/lmaaination-statio a1-use-ae t
Please contact me with any questions.
Sincerely,
Molly Bradley
Community Planner I
City of Central Point
140 South 3r4 Street
Central Point,OR 97502
Desk:(541)664-3321(x245)
Fax: (541)664-1611
www.cerytralocintoreaon.gov
i
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ATTACHMENT "C-3"
Jackson County FD 03
Occupancy: knapination Station
Address: 91 T Mendolla WAY
Central Point OR 9T502
Inspection Type:HIGH HAZARD FIRE INSPECTION
Inspection Data: 611WI201T 8y: Northrop[PI Mark(I 12T)
Time in: 11:30 -time Out: 12:00
Form:GENERAL Authorized gate: Not Author By:
INSPECTION FORM FOR Next Inspection Date: 06H&MI HIGH HAZARD FOIE*WECTION
FLED
COTS*OTM
Status:NO HAZARDS NOTED
Nobs:I conducted a Fire Safety Inspection and found no violations_
NF-
.N�bdKionai time recorded
Tobi Additional Time:0 mi vA@s
inspection Time:30 minutes
Tobi Time:30 minutes
Overall Result: PASS
Inspector Nous:
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ATTACHMENT "C-4"
City of Central Point, Oregon CENTRAL Building neparanent
144 S Third Serest.Cetral Point,CA 47502 �'� Derek ZwaWman,P.E.,&AWiN Oficial
541.664.3321 Fax$41.664.6384
June 26,2017
Molly Bradley
cvamiunity Planner 1
City of Central Point
RE: CUP-17001/Intagimation Station Preschool
A C8e of icy Pmt will be required for this structure.
No other c mmct ts.
a��
Derck 2 P.E.
Building OffieW
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ATTACHMENT "C-5"
Molly Bradley
From: Matt Samitore
Sent: Monday,June 26,2017 9:24 AM
To: Molly Bradley
Subject: RE:Action Needed:Agency Comments on land Use Application
Attachments: i mage001.p ng
Molly,
PW has no comment on the CUP.
Matt Samitore,Parks and Public Works Director
Public Works Department
City of Central Point
140 South Third Street
Central Point,OR 97502
Desk:541-664-3321(x205)
Fax: 541-664-6384
www.centraipointo_�on.ga_v
AX
CENTRAL
POINT
Frm: Moly Bradley
Sa vt Monday,June 26, 2017 9:24 AM
To:Aaron Gratias; Bobbie Pomeroy; Chad Puler; David McFadden; Derek Zwagerman;.Teff Keyser; Jeff Wedman; Marcy
Black; Mark 10mmelshue; Mark NorUYW;Matt Sarr tore; Mike Ono; ctappert@rvss.us
Subject:Action Needed: Agency Comments on Land Use Application
Good Morning,
The City has received a Conditional Use Permit application to operate a preschool in a residential neighborhood(File No.
CUP-17001). The project site is located at 917 Mendolia Way in the Residential Single-Family(R-1-10)zoning district,
and identified on the Jackson County Assessor's Map as 37 2W 106B Tax Lot 807. The request for comments is attached
to this email for your review. Additional Information regarding the application,including site plan and findings of fact,is
available at the link below:
htfip:IN",centra loointoregon (Shcgrgiect�maainatlan-stati rwres+d�ooi-cgn�ionai-tse-oen a[t
Please contact me with any questions.
Sincerely,
Molly Bradley
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SCE OVE ATTACHMENT "D-1"
JUL 2 0 2017
July 11,2017
Dear Central Point Planning Commission,
I am writing with deep concern for the future quality of Ofe change that may occur upon my household
with the Institution of a daycare/preschool outside my back door.
As a precursor,my wife and I moved here two years ago from Juneau,Alaska. Both of us are retired
teachers and I having spent nearly!25 years as an elementary physical education instructor. I feel
comfortable saying from experience that i am expert dealing with 5-12 year olds playing in an enclosed
space.The idea of a preschool in such close proximity is a cruel hoax to me and the marry retired
neighbors In our quiet residential area.
Having been in physical education for 25 years,I was exbxm*iy aware of amity,lawsuits,and
negligence in dealing with children.Is this something the city can be heW responsible for in a court of
law? I coached gymnastics for 10 years and know the liability of improper instruction and supervision.
Are you wffWW to open this door?
In our search for a retirement area a few years ago we had many options. Family in the Midwest,other
family in Alaska,Florida with no taxes,Arizona—etc. We chose Central Point. Peaceful,laid back,
hardworkint people. We would Now tar have chosen a home next to a limber mIN,downtown
business,school,amusement park,or daycare. And I'M bet neither would any of you in your retirement
horse searchl
Already,with knowing few in this community,this is pitting neighbor against neW6". I don't want,to
Ove next to screaming,playing,bouncing,high chilldren's voices in my residential arra. Please find
somewhere else akeady zoned for this type of business.
Please stand by your established residential codes and deny the conditional use permit for the
Imagination station.
Thank you,
A� 'age
John Pastorkso
330 Meadow Lark Way
Central Point,OR 97502
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ATTACHMENT "D-2"
Cindy raantorino
1 U i 20 2017 330 Meadow Lark Wmy
contrailrotnt, DR 07302
July 17,2017
City of Central Point
Planning Commission
140 S.3rd Street
Central Point,OR 97502
Dear City of Central Point Planning Commission:
RE: Objection to Granting Condltk"Use Permit for knagination station within the Residentw
Single-Eamft(R-1-10)Zoning District
When I purchased my home in a peaceful residential neighborhood at 330 Meadow Lark Way,Central
Point,I newer Imagined I would be writing to the Central Point Planning Commission a short two years
later.Alas,I am not imagining that a proposed preschool,the Imagination Station,is seeking a
conditional use permit to operate in an accessory structure directly adjacent to my home and backyard.
When we first moved to Central Point after going over 40 years in Juneau,Alaska,we had many options.
The decision was not easy,but after exploration and research we decided on the Rogue Valley.We
looked at many different properties in different communities: Talent,Medford,Jacksonville,Eagle
Point,Ashland,Shady Cove—we chose Central Point. We feel very blessed to have found our beautiful
home with a lovely backyard on a quiet cut-de-sac in a neighborhood where people show pride in home
ownership. Please understand how disappointing it is for us to have our little slice of paradise
compromised.
After the inftI adjustment period of such a major move,we have been very pleased with the Central
Point community. We enjoy attending the 46 of July and Holiday parades,activities in the parks,events
at the Expo,walking about the town,and supporting local schools,charities,and businesses.We have
good neighbors and feel we are good neighbors and citizens.
My husband and i are retired teachers;combined we have over 45 years of teaching experience in public
schools.While we have been committed to children's success and enjoyed our careers as teachers,we
would never have chosen a property in such dose proxi rAV to a daycare,preschool,elementary,middle
or high school.
Because of its proposed location,I'm concerned my property wilt be the one most impacted. After
reviewing Central Point Municipal Code,I`ve learned I have legitimate claims to object to the granting of
this conditional use permit. Due to the close proximfty to my property and the impact the preschool win
hove on the quality of rife in my home and backyard,I request the CenrtraI Point Planning Commission
deny the applicant's conditional use permit.I believe the for-profit business to be incompatible with a
Residential Single-Family zoning district.
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Location
Central Point Municipal Code states conditional uses require special consideration so that they may be
properly located with respect to the objectives of the zoning title and their effect on surrounding
properties. Given its proposed location,this business will have a negative effect an our property.
(CPMC 17.76.010)
How close will the proposed Imagination Station be from our property?
• Approximately 4 feet from the fence
• Approximately 14 feet from the patio
• Approximately 32 feet from the Living room&dining room
• Approximately 40 feet from the master bedroom&bathroom
Unfortunately,all of our home's major living space faces this proposed business.Our living room,dining
room,master bedroom,newly remodeled master bathroom,and patio alt face its direction. It will be
hard for us to escape the sound. (CPMC 17.76.040,C.)&(CPMC 17.76.04,D.)
Please refer to the enclosed pictures from our side of the fence to visually realize the dose proximity to
our property.The building beyond the fence is the proposed Irnagiotlan Station.The yard where the
children wIN be playing is on the immediate other side of the fence.
Noise
If you have or have had children please remember when they were 4 year okts.Now take your one 4
year old and multiply by 6. This will be the amount of sound generated by the students.
We enjoy our peaceful Residential Single-Family zoning district neighborhood. Yes,there are several
barking dogs and we can hear a lot of the activities going on,but these are neighborhood sounds(not
for-profit business sounds)and are to be expected.Sound carries.Sound is powerful.I believe a person
has the right to peace and quiet in her own borne and yard.
The applicant states in her findings"in the winter most colitides will be inside,so noise should be held to
a minimum.'Key words"should be held to a minimum"not"wig be."She goes on to state"Any outcloor
activities would take place between 9 am to 12 pm,most neighbors are awake or at work during those
hours so it wiN not be a disruption." If outdoor activities are held between 9 am Of 12 pm that means
that the noise from 6 preschoolers playing in the yard cid potentially be for 3 solid hours,3 days a
weeki The applicant should not make the assumption that most neighbors are awake at this time
(neighbors'sleeping habits are not her concem nor should they be dictated by her business noise.) Nor
should the applicant make the assumption that most neighbors are at work at this time(we are retired
and we know other neighbors that are retkees tots).Contrary to her claim,the noise from this business
WA be a disruption to our lives.(CPMC 17.76.040,E.B.)
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Nouns
The hours of the preschool also relate to my noise concerns.The hours proposed are 9 am till noon.
Does this mean no kids will be onsite until 9 am or will they be allowed to be dropped off earlier(say
830)? Will they be all gone by noon or will they be allowed to stay later(say 1:00)? My point is,what
assurances do we have the preschool will only be in operation 3 hours a day? I fear logistically it will be
more than 3 hours a day.(CPMC 17.76.040,E.B.)
Size
I have concerns regarding the size of the preschool. When the applicant first approached me to see how
I felt a bout her proposed business,she indicated eight 4-year olds would be her target.in her written
proposal she states"Since the building is 400 square feet, t can have up to 11 kids at one time."in
a nother paragraph she states"According to Municipal Code,for the preschool located at 917 Mendolia
Way it can have up to 15 kids." Although she is currently applying for the conditional use permit for 6
children,if approved,what assurances are there that the preschool wouldn't grow to 15 children,more
than doubling the noise from more children,more parents,and therefore nacre traffic noise as well.
(CPMC 17.60.190,C.S)
Building&Yard
While the applicant has determined the site/structure to be appropriate,one of the windows directly
faces and is within 4 feet of our shared fence. Noise from this window will come directly to our house.
One of the two doors is clearly visible from our property and is very close. Noise coming from the
opening and shutting of this door would have an impact. Yoei'll see this window and door in our
enclosed pictures.(CPMC 17.76.040,C),(CPMC 17.60.190,C.S.)
Regarding the yard the children will play in,the applicant states, "Their is lawn and garden boats in the
backyard as well as 30'by 35'slab of concrete. The concrete stab is located between tht house and
preschool so there is a noise barrier for the neighbors behind" rm not sure how this concrete slab will
provide a noise barrier,the structure is 4 feet iron our shared fence. While she claims the fence will
help with any excessive noise rm not as confident the fence will mitigate the noise of preschoolers and
their teacher in any significant way. (CPMC 17.76.040,E.7.)
In her findings the applicant states'four big trees against the back fence will significantly reduce any
noise from the preschool." rm not convinced the arborvitae trees will significantly reduce noise from
preschoolers and their teacher in any notable way.(CPMC 17.76.040,E.7.)
The accessory structure for this business may have been permitted back in 1999,but I believe that a
preschool business was not the intent when it was permitted.There was no conditional use permit
granted for building our home.That Is,our home was permitted because it meets the intent of a
structure in a Residential Single-Family zoning district.
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Alternativt locations
I was told by the city it would be a good idea to come up with possible alternative locations.I have
found other locations in more appropriately toned locations and rm sure the applicant can too. While
these locations may not be as economically attractive,there is a cost to doing business that the
applicant should have to pay,not her neighbors.
Closing
Honestly,I'm disappointed to be put in the postcon of having to take a side that is neighbor vs neighbor.
I didn't move here to be a neighborhood acthvist.Being as I oppose the proposed conditional use permit
I'm concerned that hard feelings could possibly come about between me and my neighbor.rim certain
this is not the intent of a residentially zoned neighborhood,but It is the awkward position 1 now t'rd
myself In,one I never imagined I would be in when i purchased my property.AN I want to do is live
peacefully and quietly In my beautiful home in the fair city of Central Point.I want to be a good
neighbor,but given the circumstances I must object to granting this conditional use permit.This just
isn't an appropriate business for a Residential Single-Fan*zoning district so ckne that it is rterally in
my backyard.
I respectfully request the City of Central Point Planning commission deny the conditional use permit for
the lnnaginiatio+n Station located at 917 Mendolia Way.
Sincereiy,
` z.
Cindy Pastornno
Retired Teacher
330 Meadow Lark Way
Central Poktt,Oft 97502
Enclosures: Pictures
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ATTACHMENT "E"
Imagination Station
Kendra Marineau
916 Mendolia Way
Central Point OR,97502
541-621-6976
A.That the site for the proposed use is adequate in size and shape to accommodate the use and to meet all other
development and lot reWrements of the subject zoning district and all olher provisions of tttis code;
Fiat kV,.The studio where the preschool will be located was built with a permit when the house was bunk in 11995.
It ls 400 square feet,and glias with setback requmwrb for accessory structures in the R-1-10 zone.The
State of Oregon requires 35 square feet per child.Since the building is 400 square teat,I can have up to 1 t kids at
one time.Two exits are required for safety of the chikhen.There are two doors and three wxrdma in the
preschool.The children will have an adequate amount of outdoor play area and access to a bathroom.
Conckelon:No structural modiRcasons to the bulldog are necessary.
S.That the site has adequate access to a public street or highway and that the street or highway a adequate in
size and condition to etkedhrvfy accommodate the traffic that is expected to be generated by the proposed use;
FmdhV:The preschool is located off of Mendolis Way,a public street that Is well Maintained by the City.The
proposed preschool will not generate a siW*A*nt antocurt of lraftie that strest snpruvemersa would be reed.
The Central Point Mfunfc7pal Code states that 1 space per employee;plus 1 space per 5 children the McRy is
designed or intended to a ccornrnodate.No requirements for facilities caring for 5 or fewer children sioubaneausly.
According to the M unk*W Coda,for the preschod being located at 917 Mendolia Way It can have W to 15 kids.
Tttere are three parking spoft In tine driverwatr.I do not plan on having any ernployees,Per code reQdramant,one
1)off-skeet parking space wit be designated specillicalfy for the preschool Jacft during its hours of operadcn.
This parking space is paved and located to the side of the driveway an the subject property,as noted on the
proposed site plant.
C.ottdrafoa:The site Inas adequate access to Mendolia Way,a public street,and the street is in adequate
condition to accortrnadafe traffic Bi the site.
C.That the proposed use will have no sigrAk"adverse effect on abutting property or the permitted use thereof,
in making this determination,the commission shall consider the proposed location of I provenrerria on tine site;
eehkxu loess,agrees and kttenral circulation;setbacks;height of buildings and structures;wads aid farces;
landscatping;outdoor 1119hilinc and sions;
FWAng:The hours of the presc hod Will be from SAM to Noon and will follow the School District 6 calendar.in the
winter most activities rrtil be ktskle,to noise should be held to a nwrwrnurn.Any outdoor activities would take plane
between SAM to 12PM,nost neighbors are awake or at work during those hours so it will not be a disruption.The
studio is in the back right hkard corner of the property.The ceiling is 9 feet tall.There Is a concrete walkway dawn
the side yard to access the u kdo.There Is farm muxd garden boxes In the backyard as well as W by V slab of
concrete.The concrete slab is Wood between the house and preschool so there is a nolse barrier for Rte
neighbors behind.The fence is 6 fast talc and boarders the property line which will also help with any excessive
noise.
Conclusion:The buffing Is built to code so there should be no effect on abutting properties.The tence that is
surtoutTding the backyard,and four big trees against the back fence al0 significantly reduce arry noise front the
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preschool.The concrete stab is located between the house and preschool so there is a noise barrier for the
neighbors behind.
D.That this o3tablisirnent,maintenance or operation of the use applied for will comply with local,state and federal
health and safety regtdatfors and therefore will not be detrimental to the health,safety or general welfare of
persons residing or ww tang In the surrounding neighborhoods and will not be detrimental or injurious to the
property and anproaements in the neighborhood or to the general welfare of the community based on the review of
those favors dieted in wAisection C of this ssction;
Firs".A dire sxlirguisher,smoke detector,and carbon monoxide alarm are present.I will have evacuation drills
once a month to kwure the safety of the children.An inspection on the fire extinguisher will be completed annually.
The State of Oregon sags that each chi needs 35 square feet.Since the preschool is 400 square feet I can have
Lip to 11 children at one time.I plan on staging with about 6 children,so my ratio would be in compliance.
Background checks are required for any adult go is interacting or on the facility where children are present.Alt
necessary background checks are completed.Recorded Preschools in the State of Oregon there Is no staff to
student ratio.
Conctus i m:M applicable local,stale and tederai health and safety regukmtions are satisfied,and the proposed
use will not be detrimental or injurlous to the property or the surround*%;neighborhood.
E.That any conditions required for approval of the permit are deemed necessary to protect the public health,
safety and general welfare and may m krde:
1.A*wImo&rft to lot size or yard areas as needed to best aaoommodate the proposed use;provided time
tots or yard areas conform to the stated mmimtun dimensions for the subject zoning district„uroess a
variance is also granted as WoWded for in Chapter 7.1
FirrQirmg:The lot Is 10,MG sgtwb fait.The house is 2,254 square feet and the preschool is 400 square
feet,so there Is plenty of yard for the kids to platy in.
Conaknion:Lot adze and yard areas will not need to be sonded since the studlo is already built and two
is sutficiant square footage.
2.increasing street widths,inokltfications in siroet design or addition of street sign or traffic signore to
aocacrmrrmodafs the traffic generated by the proposed use,
Fut~.The street width Is wide enough to accommodate to preschool and daily use.
Conalwfom No modificaWns to stoats,kaft signals,or signs would be needed.
3,Adjustitments to off-street parking requirenments to accordance with any unique characteristics of the
proposed use,
Ftndfrp:The requirement for parking is 1 off street perking spot per 5 kids.There are 3 off attest parking
spots at 417 Merxtofa Way.I will not permitted to have more than f i kids so it should not be a problem.
Coneltulon,Cliff-street parking would not be riveded due to avallabte parking In drive wary.
4.Regulation of points of vehicular ingrees and egress,
FirrdhV,The cars can enter and exit on Mandolta Way from Grant Road to Mitchell Way or Blue Heron
Drive.
Conclusion-No changes to accorrunodate vatkis irVess and aWass are needed.
5.Requiring WM%09 ring,Irff dWn Systeme,khtiing and a property maintenance program,
Phu":The landscampklg,irrigatdori system,lighting and property maintenance is dome by the property
owner and will continue to be malrUned by the property owner.
Conalmurion:Landscatpirig,irrigation system.Agt Eng and prrrperty maintenance will not change.
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ATTACHMENT "F"
PLANNING CONLNUSSION RESOLUTION NO.943
A RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT FOR THE PURPOSE OF OPERATING A PRESCHOOL LOCATED
AT 917 MENDOLIA WAY
Applicant: Kendra Marineau;Owuer: Jeanne Quigley
(37S 2W 1088,Tax Lot 847)
File No. CUP-17001
WHEREAS,the applicant submitted an application for a Conditional Use Permit to overate a
Preschool in the Residential Single-Family(R-1-10)zoning district(Apgiication� i€a ffwd on the
Jackson County Assessor's map as 37S 2W I06B,Tax Lot 807(Property);and
WHEREAS,the Property is currently planned and z aed for Residential Single-Family uses,which
stabilize and protect d w urban low density residential characteristics of the district while promoting
and encauraging suitable mvkom nts for family life;
WHEREAS,a preschool is classified as a Conditional Use in the R-1 zone,designated as nich to
allow for special consideration of the use and its effect on sutroundin-properties;and
WHEREAS,on August 1,2017,the Central Point Planning Commission opened a duly-noticed
public hearing on the Application,at which trope the Planuing Commission heard testimony and
comnunts on the Application;and
WHEREAS,the Planning Conmismon,as part of the Conditional Use Permit application,has
considered and finds per the Staff Report dated August 1,2017,that adequate findings have been
made demonstrating that approval of the conditional use permit is consistent with the intent of the
Residential Single-Family(R-1)zoning diWic# now,therefore;
BE IT RESOLVED,that the City of Central Point Planning Commission,by this Resolution No.
843 does hereby move the Application based on the findings and conclusions of approval as set
forth in Exhibit"A7,the Staff Report dated August 1,2017,which also inch attachments,
attached hereto by reference and incorporated herein.;and
PASSED by the Planning Commission and signed by me in authentication of its passage this
day of August,2017.
Planning Commission Chair
ATTEST:
City Representative
A.M.roved this .. clay of August,2017.
I
Planning Commission Chair
I
Planning Commission Resolution No. 843
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F—X�Id "A i9
COND T ONS OF A.PPRDi AL
1) Prior to commencing operation of the preschool,the Applicant shall obtain a business license
with the City of Central Point.
2) Prior to issuance of a business license,the Applicant shall provide the Community
Development Department with an active program record for the proposed preschool,
"Imagination Station",issuad by the State of Oregon Child Care Division per ORS 329A.255.
3) The proposed preschool shall comply with all state and local laws.,including State regulations
for Recorded Preschool Programs. Failure to comply with these regulations will result in the City
revoking,die conditional use permit and business license for the proposed preschool.
4) The preschool shall not operate outside the hours of 9:00am—12:Wpm,Monday,Wednesday
and Friday,excluding drop-off and pick-up tunes which may occur within 15-minutes of the
hours of operation. The preschool shall be limited to the em-ollment of ten(10)stmdents. Any
changes to the proposed use,(i.e.increasing enrolls or hours of operation,etc.)are subject to
CPMC 17.09,Modifications to Approved Plans and Conditions of Approval.
b) Prior to issuance of a business license,a Change of 0=4micy Permit is required per the
condition stated in the Building Department letter,dated June 25(Attachment"C-4").
7) A sign permit shall be obtained by the Applicant and approved by City staff prior to
installation. The sign face shall be limited to 4-feet by 24eet in area
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