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Council approves conditional use permit for Innovative Harbor adult daycare with client, hour and parking limits
Summary
Midway City Council approved a conditional use permit for Innovative Harbor, an adult daycare and residential program, limiting the daycare to 20 participants (including up to eight residents), allowing outbuilding hours generally 9 a.m.–10 p.m., and leaving parking to be reevaluated if problems arise.
Midway City Council on May 5 approved a conditional use permit for Innovative Harbor, a proposed adult daycare and residential program in the city’s C-2 zone, with conditions that cap daycare clients and allow the city to revisit parking if it becomes an issue.
Planning Director Michael Henke told the council that a CUP is required because the operation will pick up and drop off clients and that federal law (the Federal Fair Housing Act) limits the city’s ability to restrict the residential portion of the facility. Henke said state licensing will set the final participant limit.
Jonathan Burton, the applicant, said families currently travel to Park City for similar services and described the Midway location as a community hub offering daytime programming and occasional evening activities. “We do not anticipate the State allowing more than 20 clients,” Burton said, and explained the program would include up to eight on-site residents and several employees.
Two members of the public spoke in support. Diane Moore, who identified herself as a former state director of licensing, said, “Having a program locally meant a lot.” Parent Erin Sabey said the program “gave me time for my other children and myself.”
Council Member Andrew Osborne moved to approve the CUP with findings and conditions that the daycare be limited to 20 participants (including residents), that the State determine the final maximum by inspection, that outbuilding/daycare hours be generally 9 a.m.–10 p.m. (with evening use the exception, not the rule), and that parking be reevaluated if it becomes a problem. Council Member Andy Garland seconded. The motion passed with Garland, Orme, Osborne and Payne voting aye; Council Member JC Simonsen was excused.
The record contains inconsistent street addresses for the proposal: the agenda identifies the site as 15 South 700 East while the motion references 17 South 580 East. The council’s motion and findings focus on the land-use category, participant limits, hours for the daycare outbuilding, and parking monitoring; the State will determine the final licensed capacity.
Next steps: the applicant must complete any state licensing and comply with the conditions in the CUP; the council retained authority to revisit parking if neighborhood issues emerge.
