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HomeMy WebLinkAboutStaff ReportMAYOR Robert D. Come CITY COUNCIL MEMBERS Keith Bird Tammy deWeerd Cherie McCandless William L. M. Nary MEMORANDUM: U HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 To: Mayor, City Council and Planning & Zoning Commission LEGAL DEPARTMENT (208) 288-2499-Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 July 22, 2002 RECEIVED From: Bruce Freckleton, Assistant to City Engineer JUL 2 9 2002 Brad Hawkins -Clark, Planner /K_ City Of Meridian City Clerk Office Re: Request For a Conditional Use Permit to Allow a Childcare Facility and Preschool at 1930 North Linder Road, Located in an R-15 Zone by Kinder Kollege Inc./Kathy Jordan (File No. CUP-02-021). 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, Kinder Kollege, Inc/Kathy Jordan, has requested approval of a childcare center within an existing house at 1930 N. Linder Road for 70+ children. Childcare centers require a conditional use permit in the R-15 zone. Approved childcare centers may care for more than 12 children throughout a single day, as defined by Meridian Ordinance 11-2-2. The Applicant currently operates an approved childcare center at 1131 W. Cherry Lane and is proposing to relocate to the subject property on Linder Road due to space constraints. The Applicant is proposing to utilize off -site parking at the Meridian Assembly of God church to the south. Due to outstanding vehicular access issues and a pending ACHD Commission hearing, Staff is recommending this application be continued until the Applicant can determine parking and landscaping modifications. LOCATION & SURROUNDING USES The subject property is located at 1930 N. Linder Road, at the southeast corner of Linder and Storey Street, approximately 1,000 feet north of Cherry Lane. The following uses surround the subject property: North — Single-family dwellings and duplexes, zoned R-15. South — Single family house on 1.1 acres, zoned R-4, is immediately south. A 3.7-acre parcel owned by the Meridian Assembly of God church, zoned L-O, is immediately south of the neighboring residence and the church is south of that parcel. East — Single-family dwellings, zoned R-15. r Subdivision, zoned R-4. There is an West — Single-family dwellings in Glennfield Mano dewalk behind the Glennfield Manor houses. sting 6- foot cedar fence adjacent to the Linder Road s Kinder Kollege.CUP CUP-02-021 Planning & Zoning Commission/Mayor & City Council July 22, 2002 Page 2 PROPERTY OWNERSHIP The owner of record of the subject property is Mary E. Rhodes, who has provided notarized consent for submittal of the Conditional Use Permit application. STANDARDS FOR CONDTI'IONAL 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; Staff finds that the subject property is large enough to accommodate the required amount of landscaping and the necessary outdoor playground area, assuming the front and backyard areas are both utilized. However, the site is not large enough to accommodate the required number of off-street parking stalls. Assuming a total of 70 children, the Applicant would be required to provide a minimum of seven (7) stalls for the child drop- off (one space per ten children) and approximately six (6) stalls for the staff (assuming an overall child -adult ratio of 12:1), for a total of at least 13 parking stalls. If the center cares for a high percentage of children under eighteen (18) months, this figure would increase accordingly. Off -Street ParkrnAl�sis The Applicant's site plan shows six (6) off-street parking stalls. However, since ACHD is prohibiting access to the property from Linder Road, the three (3) proposed stalls along the south boundary will not be accessible, leaving the three (3) parking stalls shown on the north side of the house. However, Ordinance 11-13-3.1) states, "...When (sites) abut residential uses, parking shall not be permitted in the setback area." This site does abut residential uses and is therefore prohibited from parking in the side setback area. The minimum street side building setback in the R-15 zone is 20 feet. The three (3) parking stalls off Storey Street are within this setback area. Therefore, without a formal variance, none of the proposed six (6) parking stalls on the site plan comply with City ordinance. To provide additional stalls, the Applicant has proposed a shared parking arrangement with the Meridian Assembly of God church, approximately 250 feet to the south. Ordinance 11-13-1.H. states, "Joint Parking Facilities: Off-street parking facilities for different buildings, structures, uses or for mixed uses may be provided collectively in any district in which separate parking facilities for each constituent use would be permitted; provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use." Staff believes this ordinance would allow .Kinder Kollege.CUP CUP-02-021 Planning & Zoning Commission/Mayor & City Council July 22, 2002 Page 3 shared parking for the childcare center, but we are concerned about the lack of pedestrian access from the church parking lot to the childcare center. There is currently no sidewalk on the east side of Linder Road between the church property and Storey Street (approximately 250 feet). If the Commission and Council approve the shared parking arrangement, Staff is recommending the Applicant provide a continuous off-street, all-weather surface (e.g. asphalt) 5-foot wide pedestrian facility from the existing terminus of the Linder Road concrete sidewalk at the north end of the church property connecting to the subject property. (This will involve obtaining approval from the property owner to the south to cross her property with a walkway.) If a safe pedestrian access between the church parking lot and the subject property cannot be provided, Staff would not be able to support the off -site parking. Additionally, Ordinance 11-13-3.0 states, "All required parking spaces shall be within three hundred feet (300') of the use served." Staff interprets this ordinance as well as 11- 13-LH to allow for the use of the Meridian Assembly of God parking as long as, 1) the parking is within 300 feet of the childcare center and, 2) the church's minimum required parking number of spaces is met when 12 spaces are dedicated to the childcare center. Staff confirms the proposed shared parking is within 300 feet. However, the Applicant will need to provide written confirmation from the church that their minimum required parking is met excluding the 12 parking spaces. (Churches are required to provide one (1) space for every five (5) seats within the auditorium.) Staff is also concerned about the lack of any handicap parking on the site. For parking lots of up to 25 stalls, a minimum of one (1) van -accessible stall must be provided. ADA guidelines require handicap parking to have as direct a route as possible to the main entrance. Staff is recommending the Applicant re -design the site to provide the required ADA handicap parking space on site This will not be allowed to be provided through the off site cross -parking arrangement. Staff is also unable to find how the Applicant complies with Ordinance 11-13-3.1) (prohibiting parking in the side setback area), particularly since ACHD restricts any access within 50 feet of the corner. In order to utilize the three (3) parallel parking spaces proposed, the Applicant must eithersubmit ethrough a edrkin application sor harre-design ahe site to provide parking outside the minimum sack areas arrangement). 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 "Existing Urban" and includes several policies encouraging a high quality of life for children and .Kinder Kollege.CUP CUP-02-021 Planning & Zoning Commission/Mayor & City Council July 22, 2002 Page 4 others. Staff finds that the requested childcare use is in harmony with the Comprehensive Plan. As discussed above, the proposed use is not in full accordance with the off-street parking requirements of the Zoning Ordinance. 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; If designed and operated per the conditions recommended herein, Staff finds that the proposed development will not adversely change the essential character of the general vicinity. The existing facility operates a beauty salon, so there is already some business use impact on the neighborhood. In addition, the R-15 zone is intended to allow a wider range of uses than other residential zones. Compatibility with the adjacent single family uses will be facilitated through new landscape buffers, which need to be designed for maximum sound mitigation. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Commission and Council should rely upon public testimony to determine if the development will adversely affect the other property in the immediate vicinity. Staff finds that the proposed hours of operation (closing by 6:OOpm) are reasonable. E. 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 will be adequately served by all essential public facilities and services listed above, with the possible exception of public sidewalks. Since ACHD is requiring the Applicant to trust fund for the sidewalk versus constructing the sidewalk, there will not be adequate pedestrian access to the site until at least 2007. Given the proposal for off -site parking, this is important to resolve. F. 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 use would 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. ,Kinder Kollege.CUP CUP-02-021 Planning & Zoning Commission/Mayor & City Council July 22, 2002 Page 5 G. 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 Linder Road, as a minor arterial, is designed to handle large amounts of traffic and will sufficiently meet the additional trips generated by the proposed use. If Storey Street is the sole access to the site (which it will be if ACHD's conditions are adopted), the Commission and Council should determine, based on public testimony, if the new trips will be "excessive" for Storey Street. If children are properly supervised and the hours of outside play are restricted to normal day hours, the noise generated should not be excessive. No excessive amounts of smoke, fumes, glare or odors will result from the proposed use. H. 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; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. 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 finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. ADDITIONAL CONSIDERATIONS Linder Road Landscape Buffer: Ordinance 12-13-10-4 requires a minimum 25-foot wide street buffer along minor arterial roadways. The Applicant's site plan does not propose any new landscaping adjacent to Linder Road. While Staff recognizes the full 25-foot buffer is not feasible on a built -out site such as this, some landscape buffer will be required. Ordinance 12-13-10-5 provides an outlet for a reduction of the width if a written request is submitted to the Planning Director. Under no circumstance may the buffer width be reduced to less than 10% of the depth of the lot. The request must demonstrate evidence of a hardship caused by the buffer. ACHD is requiring either landscaping, a temporary curb, or other form of access restriction/barrier along Linder Road. If the ACHD Commission allows temporary access to the site, the landscape buffer would not need to extend along the full frontage; only along the non -driveway portions. The A licant will need to consider the above options and submit a revised site plan that shows some Kinder Kollege.CUP CUP-02-021 Planning & Zoning Commission/Mayor & City Council July 22, 2002 Page 6 Me of landscape buffer along Linder Road, 2. Required Buffer Between Childcare Center and Residence: Ordinance 12-13-12-5 requires a minimum 20-foot wide buffer between childcare centers and single family residences. If all or any part of the buffer has been provided on the adjacent property, the Applicant only needs to provide the balance of the required buffer width. The Applicant should provide the amount of existing buffer, if any, and show the required balance of the buffer to make up the difference. The Applicant's plan only shows a 5-foot wide buffer along the south boundary and along a portion of the east boundary. There are existing space limitations on the east, but there would be space to provide at least a portion of the minimum 20-foot buffer on the south boundary if the parking stalls are removed. If the three (3) stalls on the south boundary are not accessible, Staff recommends the full buffer width be provided. If the three (3) stalls are utilized and the 20-foot buffer cannot be provided (either fully on the subject property or as a combination with the adjacent property), the Applicant will need to submit a written request to the Planning Director. 3. Free -Standing Sign: The proposed sign exceeds the maximum allowable size in the R-15 zone by eight (8) square feet. The maximum size is 16 sq. ft. and the Applicant proposes 24 sq. ft. To compromise, Staff is recommending the maximum height of eight (8) feet be reduced to six (6) feet and allow the larger sign. The Commission and Council will need to consider this request. SITE SPECIFIC REOUIREMENTS 1. Sanitary sewer and water to this facility would be via existing service lines. 2. Sewer and water assessments will be reviewed during the remodeling plan review process. Applicant may be subject to an assessment increase due to the more intense use. 3. A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation. This ng C.O. must be signed by representativeoe Firenumber of children allowedlpe firepartment and codes shall be Planning & Zoning Department. The maximum determined at the time of Meridian Fire Department site inspection. 4. A six-foot tall, non -sight obscuring fence, with a lockable gate, shall be required around the entire perimeter of the children's play areas. 5. All existing and new landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 6. Applicant shall provide a minimum 25-foot wide landscape buffer adjacent to Linder Road OR submit a letter to the Planning Director proposing a reduced width. The buffer shall be designed in accordance with Ordinance 12-13-10. No evergreen new buffertrees rior to the permitted public h wring on this rcial street buffers. Submit a revised site plan showing the pXinrior gollege.CUP cUP-02-021 Planning & Zoning Commission/Mayor & City Council July 22, 2002 Page 7 project. 7. Applicant shall provide a minimum 20-foot wide landscape buffer along the south property line. If the Applicant proposes to utilize any existing buffer on the lot to the south, show the existing buffer width and location and the required balance to meet the minimum 20 foot width. The buffer shall be designed in accordance with Ordinance 12-13-12. Alternatively, the Applicant may submit a letter to the Planning Director proposing a reduced width. Submit a revised site plan showing the new, approved buffer prior to the next public hearing on this project. 8. All off-street parking and areas of circulation shall be improved with a hard surface in accordance with Ordinance 11-13-4.D. Parking for the pick-up and delivery of children shall be located off- street. If off -site, shared parking is approved, the Applicant shall, at a minimum, re -design the site to provide one (1) ADA handicap, van -accessible parking space on -site. A 5-foot wide sidewalk shall connect the handicap space with the building's main entrance. Submit a revised site plan showing the handicap stall and sidewalk prior to the next public hearing on this project. 9. If off -site parking is approved, the Applicant shall provide a continuous, off-street, all-weather surface (e.g. asphalt), 5-foot wide pedestrian facility from the existing terminus of the Linder Road concrete sidewalk at the north end of the church property connecting to the subject property. The Applicant must provide written confirmation from the church that their minimum required parking is met, excluding the 12 parking spaces. Submit a revised site plan showing the pedestrian facility, the written confirmation from Meridian Assembly of God regarding parking, and written consent from Ms. Ardis Schlafke at 1900 N. Linder road allowing the pedestrian walkway on or contiguous to her property prior to the next public hearing on this project. 10. If the Applicant proposes to use any of the ouOC °hearin ot yard OR re -design design theback on �rte to provide parking ey for Parking, submit a Variance application prior to the City C g outside the setback area. 11. Staff recommends the proposed 24-square foot sign be placed at a maximum height of six (6) feet from grade to top of sign. A Commercial Sign Permit application must be submitted prior to erecting the sign. Temporary or portable signs or banners are prohibited, and will be removed upon 3 days notice to the applicant or future holder of CUP permit. 12. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the UBC (1997 Uniform Building Code). The UBC defines all buildings used in the daycare of 6 or more children as an E-III occupancy and must then meet all standards as set forth in the UBC for such an occupancy. 13. The Applicant shall meet all of the licensing requirements Idaho hall be submitted to Department Of Health and Welfare prior to beginning operation. A copy of the State license the City Clerk's Office for inclusion in the City's records. Kinder Kollege.CUP CUP-O2-021 Planning & Zoning Commission/Mayor & City Council July 22, 2002 Page 8 14. At the P&Z Commission public hearing, the Applicant shall state the specific, maximum number of children being proposed for the childcare center. After all testimony has been entered, the Commission and Council shall determine the appropriate number of children and include said number as a condition of this Conditional Use Permit. 15. Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for a Childcare Center. The conditional use permit shall be subject to review upon ten (10) days notice to the applicant. CONDITIONAL USE GENERAL REOUIREMENTS 1. Off-street parking shall be provided in accordance with Section 11-13-5 ofthe City ofMeridian 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. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off -site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 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 11-13-4.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. .Kinder Kollege.CUP CUP-02-021 Planning & Zoning Commission/Mayor & City Council July 22, 2002 Page 9 7. 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. 8. If the start of construction has not been initiated within 18 months from the approval of the Conditional Use Permit the permit will be voided by the City. RECOMMENDATION As discussed in paragraph "A" under the Findings of Fact, there are many outstanding issues related to the off-street parking on this site. There are also unresolved landscaping issues which may significantly impact the design and accessibility of the site. Specifically, the following issues need to be resolved before Staff can make any formal recommendation on this application: 1. Linder Road Access & Drop -Off Point — According to the ACHD staff report, there will be no access allowed to the drop-off area adjacent to Linder Road. If the ACHD Commission approves the Applicant's request to utilize a temporary access off Linder until the road is widened in 2007, some drop-off area in the front may be possible. However, the Applicant must still provide a street buffer to meet the City's ordinance, so a re -design of the site will be necessary either way. 2. Storey Access and Side Parking — Under the ACHD staff report, no access will be allowed off Storey Street within 50 feet of the corner, which leaves approximately 60 feet of frontage on the east end to work with. Since parking is not allowed in the side setback, the Applicant will need to either submit a Variance application to allow parking here or re- design the site to provide the required handicap parking space on site. 3. Pedestrian Access to Off -Site Parking — The Applicant will need to respond on how the requirement to provide a pedestrian connection between the church parking lot and the childcare center site will be provided. 4. Landscaping — The Applicant will need to consider the options listed under "Additional Considerations" and either receive approval from the Planning Director for a reduced street buffer or re -design the site to meet ordinance. Until the above issues are sufficiently resolved, Staff cannot make a recommendation on the application as submitted. .Kinder Kollege.CUP CUP-02-021 RE cFTvED l . DIRECTOR IN AT 6:30AM OPEN AT 7:OOAM — children are inside having breakfast AUG 0 1 2002 CLOSE AT 6:OOPM CLOSING TEACHER OUT BY 6:30PM CITY OF MERIDIAN 2. DAILY SCHEDULE: 7:15am — 8:15am — Breakfast 8:15am — 8:55am — Bus school children to school Preschool children getting ready for class. 9:OOam — 11:15am — Class time (all ages) 11:15am — 12:30pm —Lunch 12:30pm — l :00pm — Clean up from lunch and children getting ready for quiet time. 1:OOpm — 3:OOpm — Quiet Time (nap time) 3:OOpm — 4:15pm — Free Play 3:30pm — 4:OOpm — Bus children back from school 4:15pm — 4:45pm — Snack Time 4:45pm — 6:OOpm — Free Play 3. EMPLOYEE SCHEDULE: 6:30am — 4:30pm - Director 7:15am — 4:15pm — Teacher 7:30am — 4:30pm — Teacher 8:30am — 5:30pm — Teacher 9:OOam — 6:OOpm — Teacher 3:OOpm — 6:30pm — Teacher 4:OOpm — 6:30pm — Teacher's Assistant 4:OOpm — 6:30pm — Teacher's Assistant Currently, we average 25 — 30 children in our school during the bulk of the day. We average 5-7 students per teacher throughout the day. As more children enroll in the new location, teaching staff will increase accordingly. 4. During the summer months, the academic portion of our day is suspended in favor of field trips, swim lessons, etc. We do spend more time outside provided the temperature isn't too hot. But, from 11:15 — 3:00 the children are eating lunch and participating in Quiet Time. 5. The back yard area will be used for toddler play. Their outside time will be restricted to mainly afternoon play after 3:OOpm. There will be occasions they will be outside in the morning, but it will be limited.