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HomeMy WebLinkAboutABC Childcare and Preschool TCU-05-001 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR Leslie Gonzales to transfer CUP-00-058 for a daycare of up to 24 children. The site is located at 650 W. Broadway Ave. ) ) ) ) ) ) ) ) ) ) ) CASE NO. TCU-05-001 ORDER OF TRANSFER OF CONDITIONAL APPROVAL This matter coming before the City Council for Transfer of Conditional Approval pursuant to Meridian City Code § 11-17-10 for transference of same use and the Council finding that the Administrative Review is complete from Joseph Guenther, Associate City Planner, for the Planning and Zoning Department, dated: Hearing Date: August 30, 2005 to the Mayor and Council, the council takes the following action: IT IS HEREBY ORDERED THAT: The subject application by Leslie Gonzales, is approved subject to those conditions of Staff comments as set forth in Exhibits B and C of the attached staff report to the Mayor and City Council, from Joseph Guenther, Associate City Planner, for the Planning and Zoning Department, dated: Hearing Date: August 30, 2005 listing Conditions of Approval for TCD-05-001 and CDP- 00-058, a true and correct of which is attached hereto marked Exhibits Band C, and consisting of four (4) pages, and by this reference incorporated herein. 1. 2. The site plan upon which the conditional approval is based is attached hereto marked Exhibit A. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR TRANSFER OF CONDITIONAL USE FOR Leslie Gonzales (TCU-O5-001) Page 1 of 2 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the ~-4 day of ~ð.t ,2005. BY~ úfi\ Dated: 8 - 3 \ -05 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR TRANSFER OF CONDITIONAL USE FOR Leslie Gonzales (TCU-O5-00l) Page 2 of 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF REPORT City Council Hearing Dates: August 23, 2005, August 30, 2005 "1\t2 eM; rl d i ~~"Jf ~ -- I..),\H() ~ <'-., "-i/-t '" ~!:'~"!'~-''" J."",-"-,,-,, '"", ,_\\,~~.j~':, ' " , 19';: --_..-' " TO: '~-----------:---:.::: Meridian City Council '---------e.---o....----'-'n, FROM: SUBJECT: Joe-Guegther,cAss.ociate City Planner ABC Childcare and Presd1O01 ,,-' '-, . TCD-05-00l -'----'~~- ,-- Transfer of a Conditional Use Permit for a Daycare 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Leslie Gonzales has applied for transfer of CUP-00-05S 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 CUP- for ABC Childcare and Preschool. Conditional use permits, once they are approved, normally 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 Dse Permit CUP-00-05S with the condition as shown in Exhibit C. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 650 W. Broadway Ave NW ~ ofSE ~ 3NIW12 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 PAGEl CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Transfer of conditional use permits 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-l7-10). 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: Single family residential home andfour-plexes, zoned R-15, separated from lot by a 6-foot, 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: Two four-plexes with attached carports. Additional four-plex units are on the west side of West ih Street. d. History of Previous Actions: CUP-00-05S approved in 2001 d. Existing Constraints and Opportunities 1. Public Works Location of sewer: Location of water: Existing in Broadway Ave 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 sq/ft 7. Description of Use: 6. ZONING ORDINANCE Daycare a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists Daycares as conditional use in the R -l5 zoning district. 7. EXHmITS A. Drawings CUP Site Plan- Dated July 22, 2005 B. Transferring Conditions of Approval for CUP-00-05S C. Condition of Approval for TCU-05-00l ABC Childcare and Preschool TCU-05-001 PAGE 2 A. Drawings 1. Site Plan (dated: July 22,2005) --- --., --,1";' I ii Ii il lì I I l' ...--"J--- --------=,-'-- =tLl~'~ -'Mr1 . I, ',- . \ -- ~--r-- .r- :-:-~j' , - -- , ,-- . , II f I. . ," \, - -- Jj.-- . I II'", '. ., ,----------"~---'II I ~ ~ : " '.' ".... II ,-< I" ,J:----- 'f"'" -".-r -'_u- 'I[JI!:~'~"""" --' 'II I ~ +-----' , ' . I ~" , " , ,I, "". '. ---" -,"'- ,;; '," I-im--! (í{lf \':'" "9,[J, .', =:;-1\1 .. p -, ';.~ ¡f~: ,f/-~¡ II> I' -.1,--." t I, ]1 !B~II!il ¡ri\ Z'7-'I,':'",,:,:,:~::>!II \Iilli::,. I ! 60° ft.- l,~,.! .>~~,~J I, '-- '¡ , !i II jiG! '..,,},Ji~ '--~ /~' II J II A ',-- ¡ \ : I II lli - -r'" " ---.::--;:::;::,: -' - -- - - ~ -- --.J...--... ~ JL~. -- t -- J I . ¡ i ; ",0"'- ~ ~ ~ ~~ ~ 11 , ~11' <:J '" ~ :~ ~ ,:;j ',j 'r ¡¡ ;t> ~ z "",' ,.,' '" -- ~ .. -, I:','" ----- , ' SIT:: P!...AN A DA YCARE FOR; JANET TORGENSErJ 650 W, EROAOWAY. MERIDIAN, IDAHO ~'-----~-~-- '.. --"""'---,"-- ABC Childcare and Preschool Drawings EXHIBIT A B. CUP-OO-OS8 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 determined 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 (I) 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 currently 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 (I) 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,l62 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 determination 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 determination 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 fÌom 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 C.O. ABC Childcare and Preschool 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 form 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 confirm 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 surrounding residential properties due to children's noise, traffic and other activities. l1. 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 permit 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 permit. 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 permit shall be subject to review upon ten (10) days notice to the applicant. 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 (Ord. 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 of the Americans with Disabilities Act. 8, In accordance with City Ordinance 11-13-4.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. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 EXHffiIT C TCU-05-001 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 of Idaho within one month of City Council approval.