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HomeMy WebLinkAboutStephanie Edwards CUP CUP 05-011 MERIDIAN PLANNING & ZONING MEETING April 7,2005 APPLICANT Stephanie Edwards ITEM NO. 9 REQUEST Public Hearing: Conditional Use Permit for a daycare facility for 6-12 children for Stephanie Edwards - 1537 West 15th Street AGENCY COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY /2¿effJ1tr1v1Jt JlpPrDvJ -!ö C/C 3--0 CITY CLERK: CITY ENGINEER: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: No comment MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: See attached comments No comment IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See affidavit of sIgn ~ Comac"'" -SrI ~ i c £ Da'" L(-'!;.(K ~'. S5Y . 4S1 < Emailed: Staff Initials:. / Materials presented at public meeHngs shall become property oIlhe City 01 e dlon. ~ CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT \ii' Bt!\JI~ Environmental Health Division RECEIVED Rezone # Conditional Use # t' ~ OS - 01/ Preliminary / Final/Short Plat DlI-v(!"¡,ft2£ ,chiLI ¡-V ( r MAR' 8 2005 Return 10: 0 Boise 0 Eagle 0 Garden City ,ä'Meridian 0 Kuna OACZ 0 Star City of Meridian Cit, Clerk OWn ST.e!fttW IF £dú);f/L/) f' 0 1. We have No Objections to this Proposal. 0 2. We recommend Denial of this Proposal. 0 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 0 4. We will require more data concerning soil conditions on this Proposal before we can comment. 05. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: 0 high seasonal ground water 0 waste flow characteristics 0 or bedrock from original grade 0 other 0 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 0 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 0 8. After written approval from appropriate entities are submitted, we can approve this proposal for: 0 central sewage 0 community sewage system 0 community water well 0 interim sewage 0 central water 0 individual sewage 0 individual water 09. The following plants) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: 0 central sewage 0 community sewage system 0 community water 0 sewage dry lines 0 central water 010. Run-off is not to create a mosquito breeding problem. 0 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 012. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ~13. We will require plans be submitted for a plan review for any: r-- 0 food establishment 0 swimming pools or spas 0 beverage establishment 0 grocery store ;¡i... child care center 0 14. Please see attached stormwater management recommendations 015. """ß3dJJ. '" J 1/- Reviewed BY:.7J1a ¡1Ic Review Sheet 15726<01EH0904 Mar. 28. 2005 4: 52PM No. 0638 P.1 .3- 2'ð" - ð 5 -ro w~ ~+ ~ ~e.{",,-\ '1, ~~~ ~d.s.) "'-..CLve.. ?DSõ1f~ -the. f<Zr~ 04- l~7' [¡Jû+ lS+'= '9-. "<1 ~-Id:~~ --&v tt ~-h '"N>-t I..l>e. -P.e.arÚt- -fM o!k rz.. ~-; ~ ~c- ~ k 4pñ¡ 1, '2.-='05 ~~~~ ~!~8¡œ ~~ ~orAdà)-'u. =~t ~!~.,~~~ ~~~t~ tOyed tome Im~';¡; Ofsalisfi¡~~Wïiiiiii"_fI . ---_...~ MFiR 28 '0517:11 ,'~~R¡;¡"'" e' ~'¡"":'f. "" .' ....1tOl!"".Q~" : .. ." :'. ~ : f 'Wp\ ~ . , >4,,:t. :~t :z: e- ~ / . e';;\.1 . . "'-.' .. .. '. ",;: .:«t.....- ." ';;~ ØABO e'" ......., PFlGE.01 Mar. 28. 2005 4:52PM MAR 28 '0517:11 No. 0638 P. 2 PAGE. 02 RECEIVED MAR 2,2 2005 City of Meridian City Clerk Office ~ & ~ 1~ 'Di4tûet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208.463-0092 15 March, 2005 phones: Area Code 208 OFFICE: Nompo 466-7861 SHOP: Nompo 466-0663 William G. Berg Jr., City Clerk City of Meridian :HEasrIdaho Ave. Meridian, 1D 83642 RE: CUP OS-Oll/Daycare Facility for Stephanie Edwards Dear Will: Nampa & Meridian Irrigation District has no comment on the above referenced application for Conditional Use Permit for a daycare facility for 6-12 children for Stephanie Edwards. Sincerely, ~¿/~ Bill Henson Asst. WaterSuþerinteI1åent Nampa & Meridian Irrigation District BH/dbg c: File-Office/Shop APPROXIMATE IRRIGABlE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - -40.000 MAYOR Tammy de Weerd LEGAL DEPARTMENT (208) 4<56-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500' Fax 887-1297 CITY COUNCIL MEMBERS Shaun Wardle William L M. Nary Charles M. Rountree Keith Bird BUILDING DEPARTMENT (208)887-2211 'Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: March 31,2005 Transmittal Date: March 9, 2005 Hearing Date: April 7, 2005 File No.: CUP 05-011 Request: Conditional Use Permit for a daycare facility for 6-12 children for Stephanie Edwards By: Stephanie Edwards Location of Property or Project: 1537 West 15th Street x' David Zaremba, PIZ (No FP) Meridian School District (No FP) David Moe, PIZ (No FP) Meridian Post Office (FP/PP only) Wendy Newton_HUCkabaY~~~~Ada County Highway District Michael Rohm, PIZ (NoFP tJD. '.' Ada County .Development Services Keith Borup, PIZ (No FP) Central District Health Tammy de Weerd, Mayor 1 , ~~. " Narnpa Meridian Irrig. District Bill Nary, CIC MAR 2~-J Settlers Irrigation District ~:~~i:i~~~};e, CIC CITY OF MERIDIAN ~~~~Po;:;;:;lyt/PPlCuPon/Y) Shaun Wardle, CIC WASTEWATER D.I!.;P 1. Intermountain Gas (FP/PPonly) Water Department Bureau of Reclamation (FP~P only) Sewer Department Idaho Transportation Department (No FP) Sanitary Service (No VAR. VAG. FP) Ada County Land Records Building Department Meridian Development Corporation Fire Department Historical Preservation Commission Police Department Western Heritage Foundation City Attomey Your Concise Remarks: City Engineer City Planner Parks Department ~ ~":""" t T'F1£,...,'..',,-'i;;- 'i. . , ! -'" .. . MAI~ íî ì1105 -.. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 STAFF REPORT: olfe;;dlðn --, \\ . I~;"HO .J ...~ CITY HALL (208) 888-4433 - Fax 887-4813 MAYOR Tammy de Weerd PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 CITY COUNCIL MEMBERS Keith Bim William LM. Nary Shoun Wamle Charles M. Rountree LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 Transmittal Date: March 9, 2005 P&Z Hearing Date: April 7, 2005 To: Mayor, City Council and Planning & Zoning ComllÙssion RE C E IVED APR 0 1 20OS CITY OF MERIDIAN CITY CLERK OFFICE From: Joseph R. Guenther, Associate City Planner Bruce Freckleton, Development Services Manager Subject: Conditional Use Request for a Group Childcare Facility e Request to operate a Group Childcare Center for six to twelve (6-12) Children in an R-8 Zone, at 1537 W. 15th Street, by Stephanie Edwards. (File No. CUP-O5-011) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Stephanie Edwards, has submitted a Conditional Use Permit (CUP) requesting approval of a Group Childcare Facility in a single family residence. The property is located at 1537 West 15"' St. The site is currently zoned R-8. A group childcare facility in the R-8 zone requires CUP approval (MCC 11-8-1). There is one single family residential structure on the site. Approximately 1,000 square-feet of the primary building, which is currently a single family residence, will be used for the childcare center. The parking layout proposed by the applicant does not meet Meridian City Code for location or design. Parking for the existing, proposed, and future uses need to be designated and (see Standards for Conditional Uses "A" below). Specific standards for a conditional use group childcare facility are not identified in the MCC. Staff is using the standards for a fallÙly daycare (1-5 children) as the basis for a recommendation. Family daycare (1-5 children) is listed as a home occupation with standards cUP-as-oIl Edwards Daycare as listed in MCCl1-9-4B2. Staff has also included an analysis of the considerations related to fire protection and general safety and welfare. Familv Childcare Home Standards (MCC 11-9-4B2) - The following standards are listed as minimum requirements for the establishment of a Family Childcare Home: a. Secure and maintain a childcare license from the Idaho State Department of Health and Welfare, Childcare Licensing Division, if required. b. Acquire an occupancy certificate and/or building permit. c. Provide one off-street parking space per employee which may be in the driveway of the home. d. Provide for child pickup area located off of arterial or collector streets. e. Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. f. Provide a fence of appropriate height/construction, to enclose play areas, protection children from traffic on arterial or collector streets. LOCATION The subject property is located at 1537 W. 15th Street, near the intersection of Linder and Cherry, in Section 12, Township 3 North, Range I West. Lot 9 Block 3 Northgate No.2 Subdivision. SURROUNDING PROPERTIESIUSES North: Single Family Residential, R-8 Northgate Subdivision South: Single Family Residential, R-8 Northgate Subdivision East: Single Family Residential, R-8 Northgate Subdivision West: Single Family Residential, R-8 Northgate Subdivision CURRENT OWNERS OF RECORD Stephanie Edwards is the current owner of the subject property and he has submitted an affidavit of legal interest to allow the application to be submitted on the subject property. 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 if they shall find 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; Meridian City Code 11-13-1 requires a new use to provide parking and/or loading facilities in accordance with Title II. One parking space is required for every 10 children, plus 1 space is required per employee for a daycare center (MCC 11-13-5). Currently there are two (possibly three), un-striped parking stalls on the east side of the building. CUP-O5-011 Edwards Dayeare 2 The applicant has not shown a parking plan that adequately accommodates the use. The proposed site plan shows a paved driveway area and a large RV parking area. The site has an approximate 300 sq ft garage and approximately 20' wide driveway; standard parking stalls are 9'x 19'. It is practical that the resident will utilize the garage for the required "one employee" parking requirement and the driveway would accommodate the one required parking stall (1 per 10 children). The street is not an arterial or collector street. Staff finds that the subject property may be large enough to accommodate the requested use and the required parking; however, it is not currently designed to do that. 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 current Comprehensive Plan Land Use Map designates the property as "medium density residential" and is currently zoned "R-8". Staff finds that the requested secondary use of a group daycare in a single family residential building is a "Conditional Use" according to MCCI1-8-1. Staff finds that if the group daycare use is approved with conditions by the Commission and the Council, the use will be compatible with the Meridian Zoning Ordinance and the Comprehensive Plan. 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; The site plan shows the yard is fenced with a 6' high wooden fence and maintained and gated in working condition. There is existing vegetation which has been maintained in healthy condition. It is staff's opinion that the site is of a sufficient size for the requested number of children, but the applicant should be required to comply with Idaho State Department of Health and Welfare, Childcare Licensing Division and acquire an occupancy certificate and/or building pennit to certify the building and play area. It is often difficult to find an ideal location for a daycare center. Residents often oppose daycares, and commercial businesses often have concerns about having children in close proximity to their business, but childcare facilities are a very valuable resource. Therefore, site design is critical for finding a successful location. Staff recommends that the Council rely upon public testimony, staffs analysis, and other agency comments when determining if the proposed use is compatible with the neighborhood residential uses in the area and if the use will adversely change the existing and intended character ofthe area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Please see above finding. Staff recommends that the Council rely upon public testimony, staff's analysis, and other agency comments when determining if the proposed use is CUP-O5-O11 Edwards Daycare 3 E. F. G. H. compatible with other uses in the area and if the use will adversely affect other 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; On March II, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department requested an inspection to determine conditions and needs in order to adequately serve the project. Water and sanitary sewer service currently exist to the site. Staff finds that the proposed development can be adequately served by the essential public facilities and services listed above, if improvements are made by the applicant in accordance with existing policies, ordinances and the international building and fire codes. 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; If approved, the applicant will be financing the installation of any required upgrades to the building necessary to serve the project. The Meridian Fire and Police Departments currently provide service to the site. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 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 recognizes that traffic and noise from vehicles coming to and going from this site will increase; staff does not believe that the amount of traffic and noise generated will be detrimental to the general welfare of the public. Staff finds that the proposed use should not be detrimental to neighboring properties because the use will not generate excessive traffic, noise, smoke, fumes, glare or odors. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACHD has not made comment on the site. The approaches lie on a local street on a dead end road, the access of the site will not impact traffic significantly more than a single family residence. Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. CUP-O5-011 Edwards Daycare 4 I. 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 is not aware of any other natural or scenic feature(s) of major importance in the area that may be affected by the issuance of this conditional use. SITE SPECIFIC REOUIREMENTS 1. No equipment or process shall be used in such a manner which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. 2. In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. 3. The applicant shall meet all of the licensing requirements of the State ofIdaho prior to beginning operation. The applicant will be required to submit to the City of Meridian a copy of their child care license issued by the Department of Health and Welfare of the State ofIdaho within three months of City Council approval. 4. 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. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. 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 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 AND CONDITIONS Meridian Fire Department 1. All Daycare's with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed at a cost of $20. RECOMMENDATION Staff recommends approval of this application with the aforementioned conditions. CUP-O5-0Il Edwards Dayeare 5