Recommendation: The Planning Commission voted unanimously 6-0 at its April 2 meeting to recommend approval of the CUP with the following conditions: 1. The Conditional Use Permit shall only be valid in conjunction with a Child Care Home Occupation Business License issued by the Town of Palisade. 2. The Conditional Use Permit is also only valid in conjunction with a “Family Child Care Home” license issued by the Colorado Department of Human Services. The CUP is not valid if the facility is modified to a “Child Care Center” license.Advertisment
3. The Conditional Use Permit shall become null and void if the Child Home Care is discontinued for 12 consecutive months. 4. The CUP is granted for the Child Care Home at 239 W Fifth Street and shall not be transferred to any other residential property, without obtaining a new CUP for the new location. 5. The CUP is subject to an annual review to ensure that no significant parking or traffic related issues result to the neighborhood from the operation of this home child care. Mitigation measures may be established by the Board if any impacts are determined from the review. 6. The Board may review the CUP at any time, if complaints are received and the Board determines that the use and the associated operations are unreasonably impacting adjoining properties. The Board may impose additional conditions to address any adverse impacts. If the Board determines that the impacts have not been adequately addressed, the Board may terminate the Conditional Use Permit. 7. Failure to comply with any and all licenses required by the Town of Palisade and/or the State of Colorado Department of Human Services for a child care home shall result in the CUP becoming null and void upon revocation of licenses. The Conditional Use Permit shall automatically expire if licensing by the Town of Palisade and/or the Colorado Department of Revenue is terminated for any reason. 8. The Conditional Use Permit is granted to Lil Peaches Home Child Care, LLC shall not run with the land, and is not transferable to any successors, assigns or heirs. The owners of the Lil Peaches Child Care are requesting the approval of a child care home for up to twelve children at the location of 239 W 5th Street. The property is zoned LDR Low Density Residential. A child care home is defined in the Land Development Code as a child care arrangement located in a place of a residence where at any one time, for less than twenty-four hours, not more than 12 children receive child care. Child care homes, licensed through the State of Colorado, are considered accessory uses to residences for up to eight children on the premises at any one time. A licensed child care home with more than 8 and up to 12 children may operate as an accessory use to a residence only if the owner obtains a conditional use permit for that use. The Lil Peaches Child Care Home has operated at 239 W. 5th Street since 2015. The facility has provided care for no more than eight children. The owner Jennifer Freed is requesting a conditional use permit in order to increase the number of children at this residence to the maximum of twelve. Before she can obtain state licensing for the increased number, she must obtain the necessary approvals from the Town of Palisade. The facility is not considered a child care center that can provide care for up to forty children. Child Care Centers are only permitted in the High Density Residential District, Mixed Use, and Town Center District through a conditional use permit; or as a “use by right” in the Commercial Business, Hospitality Retail and Community Public Districts.
In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.
Recommended Approval by the Planning CommissionMon, Apr 2nd 2018