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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTiONS? CALL (208) 884-5533
STAFF REPORT
City Council
Hearing Dates: August 23, 2005,
Meridian City Council
Joe Guenther, Associate City Planner
ABC Childcare and Preschool
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. TCU-05-00l
Transfer of a Conditional Use Pennit for a Daycare
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1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Leslie Gonzales has applied for transfer of CUP-00-058 for a daycare of up to 24
children. The site is located at 650 W. Broadway Ave. This site is currently operating under the
conditions of approval of the existing daycare.
2. SUMMARY RECOMMENDATION
The subject property is within the Urban Service Planning Area. The transfer of conditional use permit
has been submitted to the Planning & Zoning Department for the existing approved Conditional Use
CVP- for ABC Childcare and Preschool. Conditional use permits, once they are approved, nonnally run
with the land, and upon sale of the property are transferred to the new owners without further application,
however, home occupations & childcare facilities are the exception to MCC 11-17. Staff recommends
transfer of Conditional Use Permit CUP-00-058 with the condition as shown in Exhibit C.
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
650 W. Broadway Ave
NW 14 of SE ~ 3Nl W12
b. Owner:
Janet and Dahl Torgerson
650 W. Broadway Ave, Meridian Id
c. Applicant:
Leslie Gonzales
69 S. Frontier, Nampa Id
d. Representative: Leslie Gonzales
e. Present Zoning: R -15
f. Present Comprehensive Plan Designation:
Medium Density Residential
g. Description of Applicant's Request:
Date of CUP site plan (attached as Exhibit A): July 22, 2005
h. Applicant's Statement/Justification:
The applicant is currently working for ABC Daycare and wishes to work with the current
owners to maintain the existing daycare environment.
4. PROCESS FACTS
ABC Childcare and Preschool
TCU-05-001
PAGE I
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Transfer of conditional use pennits for childcare facilities for the same use for which the
original conditional use was approved are required to petition the City Council for
approval (MCC 11-17-10).
5. LAND USE
a. Existing Land Use(s): R-15, With a Daycare
b. Description of Character of Surrounding Area: Multi-Family Development R-15
c. Adjacent Land Use and Zoning
1. North: Singlefamily residential home andfour-plexes, zoned R-15, separated
from lot by a 6-100t, cedar fence (good condition).
2. East: Single family residences.
3. South: Capital Concrete Products contractor/manufacturing yard is directly
across Broadway, screened with a 6-foot chain link and barbed fence/gate. Other
commercial/office buildings.
4. West: Twofour-plexes with attached carports. Additionalfour-plex units are
on the west side of West ¡th Street.
d. History of Previous Actions: CUP-00-058 approved in 2001
d. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Existing in Broadway Ave
Location of water: Existing in Broadway Ave
2. Vegetation: Existing as shown on Site Plan
3. Flood plain: NA
4. Canals/Ditches Irrigation: None
5. Hazards: None
6. Size of Property: appx 7480 sqlft
7. Description of Use:
6. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists Daycares as conditional use
in the R -15 zoning district.
Daycare
7. EXHffiITS
A. Drawings
CUP Site Plan- Dated July 22, 2005
B. Transferring Conditions of Approval for CUP-00-058
C. Condition of Approval for TCU.05-00l
ABC Childcare and Preschool
TCU-05-00l
PAGE 2
A. Drawings
1. Site Plan (dated: July 22,2005)
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A DA YCA,RE FOR;
JANET TORGENSU~
650 W, BROAOWA'r, MeRIDIAN, IDAHO
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ABC Childcare and Preschool
Drawings
EXHIBIT A
B. CUP-OO-O58 Transferring Conditions of Approval
CONDITIONAL USE SITE SPECIFIC REQUIREMENTS
1.
Sanitary sewer and water to this facility would be via existing service lines. Applicant shall
be required to enter into a Re-Assessment Agreement with the City of Meridian. An
assessment agreement is a vehicle that protects the City of Meridian and the applicant in
the event that estimated assessments are not in line with actual usage. The agreement
provides for reimbursement to the applicant for overpayment of assessments and payment
to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is
detennined after adequate historical usage.
2.
Parking: Daycare centers are required under the Off-Street Parking Ordinance (11-13) to
provide one (1) space for every ten (10) children, plus one (1) space per staff member. At
the proposed number of 24 children, a minimum of 5 off-street parking stalls would be
required (assuming 2 for children and 3 for staff - but the staff and parking number could
increase depending on the ages of children at the center). There are cuITently only four (4)
off-street stalls shown on the Site Plan (two in the garage and two in the new parking lot),
leaving a deficit of one (1) stall.
At the P&Z Commission hearing, the Applicant should address their anticipated staffing
and parking demands. If the off-street parking requirement cannot be met on the site, the
Commission should consider either reducing the total number of children allowed at the
center or, possibly, the Applicant could submit a Variance application to allow on-street
parking.
3.
The Meridian Fire Department does not have a minimum ratio of outdoor play area, but 25
s.f. per child for outdoor play areas is a commonly used ratio. At this ratio, the outdoor
play area proposed (approx. 3,162 s.f.) would exceed this ratio.
4.
The floor plan submitted with the application shows the interior, usable floor area for
children to be approximately 810 s.f. The Meridian Fire Department requires a minimum
of 35 s.f. per child for internal use areas. At 810 s.f., this would allow for a maximum of 23
children at the existing building. However, since the MFD is charged with making the final
maximum occupancy detennination upon inspection (depending upon layout, furniture
size, etc.), Staff feels this square foot:child ratio is close enough that the maximum number
of children should still be approved at 24 kids. The MFD will need to make the final
detennination of allowable children at the time of their occupancy inspection.
5.
The Site Plan shows a paved driveway width of 24 feet. However, upon inspection of the
site, Staff noticed that the new asphalt was poured at approximately 44 feet in width,
extending an additional 20 feet to the east from what is shown on the plan. ACHD
typically allows a maximum driveway width of 30 feet where the driveway connects with
the existing street. The Applicant must remove any existing asphalt in the front yard that is
beyond the 30-foot maximum driveway width (or whatever ACHD allows) prior to
issuance of the e.o.
ABC Club Daycare
EXHIBIT B
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
6.
A minimum 10- foot wide landscaped buffer area must be provided along Broadway behind
the future sidewalk and east of the asphalt driveway.
7.
In order to prevent headlight glare into the front yards of properties to the east, Applicant
must plant evergreen or woody shrubs or other appropriate fonn of solid screening along
the eastern edge of the new asphalt parking area. The screening must be at least three (3)
feet tall at the time of planting and must be in place prior to issuance of the Certificate of
Occupancy.
8.
An ADA-approved handicap parking sign must be installed in front of the accessible stall
in the parking lot.
9.
Applicant shall provide a solid screening of the adjacent properties to the north, east and
west to protect children from adverse impacts and to provide a visual and sound buffer
between properties. The proposed Site Plan states that new fencing will be constructed
along the east and west sides of the rear play area. Applicant should clarify the type and
height of fencing. Staff inspected the site and confinn that the north boundary fence is in
good condition and will serve as an adequate screen.
10.
The child care center shall not adversely impact sulTounding residential properties due to
children's noise, traffic and other activities.
11.
Applicant must keep all outside play areas free of noxious weeds.
12.
A Certificate of Occupancy (CO.) for the childcare center is required prior to operation.
This C.O. must be signed by representatives of the Fire Department, Building Department
and Planning & Zoning Department, at a minimum.
13.
Applicant shall secure and maintain a child care license from the Idaho State Department
of Health and Welfare-Child Care Licensing Division. Provide copy of license to the City
of Meridian at the time ofP&Z Department's c.o. inspection. The operator's license shall
be on-site for City inspection at all times.
14.
Applicant shall ensure that immunization of all children is verified prior to acceptance into
program.
15.
If the conditional use pennit is approved, Applicant is to schedule an appointment with the
Meridian Fire Department for inspection prior to operating. Operation of daycare without
proper approvals will result in revocation of conditional use pennit.
16.
Violation of any of the above conditions shall be cause to revoke a certificate of occupancy
for a group child care home. The conditional use pennit shall be subject to review upon
ten (10) days notice to the applicant.
ABC Childcare and Preschool
EXHIBIT C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884~5533
CONDITIONAL USE GENERAL REQUIREMENTS
1.
Off-street parking shall be provided in accordance with Section 11-13-5 of the City of
Meridian Zoning and Development Ordinance.
2.
Paving and striping shall be in accordance with the standards set forth in Sections 11-13-
4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in
accordance with Americans with Disabilities Act (ADA) requirements.
3.
A drainage plan designed by an architect or engineer is required and shall be submitted to
the City Engineer (Drd. 557, 10-1-91) for all off-street parking areas. All site drainage
shall be contained and disposed of on-site.
4.
Outside lighting shall be designed and placed so as to not direct illumination on any nearby
residential areas and in accordance with City Ordinance Section ll-13-4.c.
5.
All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3)
sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure
locations and construction requirements with Sanitary Service Company (SSC) and
provide a letter of approval from SSC to the Planning & Zoning Department prior to
applying for building permits.
6.
All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance.
7.
All construction shall conform to the requirements ofthe Americans with Disabilities Act.
8.
In accordance with City Ordinance 11-l3-4.B.2., underground year-round pressurized
irrigation must be provided to all landscape areas on site. Please submit hook-up and
design details based on the proposed landscaping. Applicant shall be required to utilize any
existing surface or well water for the primary source. If City water is proposed as a
secondary source, developer shall be responsible to pay water assessments for the
landscaped areas.
ABC Childcare and Preschool
EXHIBIT C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
CONDITION OF APPROVAL
1.
The current 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 one month of City Council approval.
ABC Childcare and Preschool
EXHIBIT C