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HomeMy WebLinkAboutCondra Steeves Daycare RECEIVED OCT 0 1 2004 City OfMeridían City Clerk Office STAFF SUMMARY OF PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL Date of Recommendation: September 30,2004 Project Name: Condra Steeves Daycare Case No(s): CUP-04-029 Applicant: Condra and Donald Steeves P&Z Commission Hearing Date: September 2, 2004 Recommendation: Approve with conditions Note: At the September 2, 2004 hearing, the Planning and Zoning Commission recommended approval of the CUP application for Condra Steeves and adopted staff comments as a part of their motion to approve the CUP. Staff comments recommended denial of the CUP and subsequently did not include Conditions of Approval. Since it was clearly the intent of the Planning and Zoning Commission to recommend approval of the CUP application, staff has submitted a revised staff report including standard Conditions of Approval, modifications to Special Considerations recommended by the Planning and Zoning Commission, and the recommendation of the Planning and Zoning Commission for approval of the CUP application. A. Summary of Public Hearing: 1. In favor: Nine local residents testified in favor of the application. 2. In opposition: Three neighbors testified in opposition to the project expressing concerns regarding traffic, noise, and the impact of the daycare center on property values. 3. Staff presenting application: Wendy Kirkpatrick presented the application. 4. Other staff commenting on application: Anna Canning and Bruce Freckleton also commented on the application. B. Key Issues of Discussion by Commission: 1. Potential impacts of daycare center on the neighborhood. 2. Logistics of the daycare center. 3. Landscaping for the subject property. 4. Parking for the subject property. C. Key Commission Changes to Staff Recommendation: 1. The Commission recommended approval of the CUP. 2. The Commission recommended that the applicant work with the City to obtain alternative compliance for landscaping. D. Outstanding Issue(s) for City Council: 1. Council should decide whether the applicant needs to request a Variance ITom parking standards to allow cars to be parked in the driveway. MCC requires a 20' ITont setback in the R-8 zoning district; if the driveway is used for parking, cars will be parked in this required setback. E. CUP Site Plan I Preliminary Plat 1. Date of Original - site plan is not dated F. Recommended Conditions of Approval (as amended by Commission, if applicable) Exhibit A - Revised staff report Exhibit B - Conditional Use Permit Conditions (City staff) Exhibit C - ACHD Conditions Exhibit D - Central District Health Department Conditions Exhibit E - City Department Comments (Fire, Police, and Parks Departments) Exhibit F- SSC Comments I, MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird William LM. Nary Shoun Wardle Charles M. Rountree olfe~dl{£n IDAHO -\ ~ CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211- Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 Exhibit A STAFF REPORT: Hearing Date: July 29, 2004 To: Mayor, City Council and Planning & Zoning Commission From: Wendy Kirkpatrick, AICP, Associate City Pl~[¡JAl Bruce Freckleton, Senior Engineering Tech. ¿¡JiIrf; Re: Condra Steeves (revised) Request for a Conditional Use Permit for a Daycare Facility for up to 40 children in an R-8 Zone, by Condra and David Steeves. (File No. CUP-04-029). We have reviewed this submittal and offer the following comments. APPLICATION SUMMARY The applicants, Condra and David Steeves, have requested approval of a conditional use permit (CUP) for an existing 1,390 square foot residence to be used as a daycare facility for up to 40 children. The Schedule of Use Control requires a Conditional Use Permit for daycare facilities in the R-8 zone. The applicant is requesting Alternative Compliance to allow reduced landscape buffers and also requesting permission to include compact parking spaces. Staff has strong concerns regarding the potential impacts of the daycare facility on the surrounding neighborhood. The Planning and Zoning Commission recommended approval of the CUP application at the September 2, 2004 Planning and Zoning Commission hearing. LOCATION & SURROUNDING USES The subject property is located at 1258 E. Cougar Creek Drive, on Lot 13, Block 1 of Cougar Creek Subdivision. The subject property is located on the northern side of Cougar Creek Road, approximately halfway between Locust Grove Road and N. Wren Avenue. CU'-04-029 cO""'" "=œ.cup Planning & Zoning Commission/Mayor & City Council September 2,2004 (P&Z Hearing Date) Page 2 North - Single Family Residential, Zoned R-8. South - Single Family Residential, Zoned R-8. East - Single Family Residential, Zoned R-8. West - Single Family Residential, Zoned R-8. OWNER OF RECORD The owners of record are Kelly J. and Stephanie R. Perry, and they have given their consent for the applicant to submit the requested conditional use permit. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit ifthey shall fmd evidence presented at the hearing(s) is adequate to establish (11-17- 3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property is not large enough to accommodate the landscape buffers required by the ordinance and the full-size parking spaces required by ordinance. The applicant is requesting alternative compliance for the 20' required landscape buffer on the east and west sides of the subject property and requesting permission to allow two of the required parking spaces to be compact parking spaces. While the site plan does include all required parking for the daycare facility (if the daycare facility serves 30 children and has two staff members), it should be noted that two of the required parking spaces are inside the garage of the residence and that the three remaining spaces are located on the driveway of the residence. The applicant is requesting a 15' ITont yard setback for the parking spaces based on the interpretation that the R-8 zone has a 15' ITont yard setback for living areas. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The Comprehensive Plan Land Use Map designates the property as "Medium Density Residential," and it is currently zoned R-8. Staff finds that the requested use is in compliance with the approved Future Land Use Map. Staff finds that the CUP is not in compliance with City ordinances regarding landscaping and parking. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; CUP-O4-O29 C,"d"S'=~.CUP D. E. F. G. H. CUP-04-029 Planning & Zoning CommissionlMayor & City Council September 2, 2004 (P&Z Hearing Date) Page 3 Staff finds that the proposed development has the potential to adversely change the existing or intended character of the general vicinity. While a smaller daycare facility may be compatible with surrounding residential uses, staff fmds that the proposed daycare facility serving up to 40 children is too large in scale for a residential neighborhood. The proposed daycare center serving up to 40 children will increase traffic in the neighborhood and has the potential to generate noise not compatible with residential uses. Council should listen to public testimony regarding the compatibility of the daycare facility with adjoining residential uses. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff anticipates that the proposed use will adversely affect adjacent properties. The traffic and noise that will potentially be generated by the daycare facility serving up to 40 children will adversely affect other property in the vicinity. Council should rely upon public testimony to determine if the development will adversely affect any property in the vicinity. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development can be adequately served by the essential public facilities and services listed above. Police and fire comments are included in the agency comments section of the staff report. Sanitary Services Company (SSe) will provide refuse disposal services to the property. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed daycare facility will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that while the proposed daycare facility will increase traffic and noise, no excessive smoke, fumes, glare or odors will result ITom the proposed use. That the proposed use will have vehicular approaches to the property which shall be C,."""'=œ.CUP I. Planning & Zoning CommissionlMayor & City Council September 2, 2004 (P&Z Hearing Date) Page 4 so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. The existing driveway will be used by the proposed daycare facility. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. The property has already been developed as a single family residence and all existing trees will be retained. SPECIAL CONSIDERATIONS 1. Landscape buffer: The required landscape buffer for a daycare facility in a residential area is 20.' Due to site constraints and the location of the existing residence it is impossible for the applicant to provide a 20' landscape buffer on the eastern and western edges of the subject property. The applicant is requesting altemative compliance to allow a buffer of 12' on the eastern edge ofthe property and 11' 6" onthe western edge ofthe property. If the CUP is approved, the applicant will need to provide additional information on how they wíll provide additional landscaping for the proposed altemative compliance. Applicant agrees to work with staff on whatever altemative compliance may be needed. 2. Onweiler Lateral: The Onweiler Lateral runs along the northem edge of the subject property. The applicant is proposing a 6' chain link fence at the northern edge of the property to restrict access to the canal. Staff is recommending that if the CUP is approved that this fence be modified or replaced with a fence that wíll be difficult for children at the daycare facility to climb and access the lateral. Applicant has agreed to slat the chain fence to make it more difficult to climb. Applicant wíll need to obtain approval ITom the Nampa Meridian Irrigation District on fence. 3. Parking Calculations: Ordinance 11-13-5 lists a parking requirement for daycare facilities of one space for every ten children and one space per employee. The five proposed parking spaces meet parking requirements of the code if the daycare facility is approved for 30 children and two staff members. The applicant is requesting permission to use two compact sized spaces in the existing garage and to use the existing driveway as parking for the daycare facility. The applicant is requesting a 15' ITont yard setback for the parking spaces based on the interpretation that the R-8 zone has a 15' ITont yard setback for living areas. CONDITIONS OF APPROVAL ooP-04-029 Co.dm "=~.CUP Planning & Zoning Commission/Mayor & City Council September 2, 2004 (P&Z Hearing Date) Page 5 1. Sanitary sewer and water service shall be ITom existing service lines on the property. 2. All exterior lighting, whether attached to the building or located within the parking area, shall be down-shielded or otherwise altered so that the light does not spíll over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 1I-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 4. All construction and site improvements shall confonn to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 5. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. AGENCY COMMENTS Fire I. 2. Police One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. lntemational Fire Code Appendix D All Daycare's with seven or more children must pass an inspection using the criteria of the I Idaho State Fire Marshall. 1. No comment Sanitary Services I. For the applicant's infonnation, the proposed project shall be subject to commercial rates, not residential. Parks Department CUP-O'-O29 co,,"S"~~.CUP Planning & Zoning CommissionlMayor & City Council September 2,2004 (P&Z Hearing Date) Page 6 I. No comment. RECOMMENDATION The Planning and Zoning Commission recommends approval of the proposed CUP application. CUP-O4-O29 Co""", S'=~.CUP EXHIBIT B Conditional Use Permit Standard Conditions of Approval CONDITIONS OF APPROVAL I. Sanitary sewer and water service shall be ITom existing service lines on the property. 2. All exterior lighting, whether attached to the building or located within the parking area, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabílíties Act and the adopted building and fire codes. 5. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of I 10% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. EXHIBIT C ACHD Conditions of Approval Site Specific Conditions of Approval 1. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street fiontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the conslruction of the proposed development. Contact Conslruction Services at 387-6280 (with me number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and conslruction shall be in accorrnmce with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Conslruction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. 7. Conslruction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building conslruction in accorrnmce with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of conslruction. 10. No change in the tenDS and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change fiom the Ada County Highway District. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subj ect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. EXHIBIT D Central District Health Conditions of Approval I. We will require plans to be submitted for a plan review for any child care center Fire 1. 2. Police 1. EXHIBIT E City of Meridian Department Comments One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D All Daycare's with seven or more children must pass an inspection using the criteria of the Idaho State Fire Marshall. No comment Parks Department 1. No comment. SANITARY SERVICES Sanitary Services EXHIBIT F SSC Conditions of Approval 1. For the applicant's information, the proposed project shall be subject to commercial rates, not residential.