HomeMy WebLinkAboutWest, Joni R. CUP 02-029October 14, 2002 CUP 02-029
MERIDIAN PLANNING & ZONING MEETING October 17, 2002
APPLICANT Joni R. West ITEM NO. 6
REQUEST Public Hearing -Request for a Conditional Use Permit for a child care facility for 12-24
children in an R-15 zone for Joni R. West -- 923 East 4th Street
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE bEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
SANITARY SERVICE:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
OTHER:
COMMENTS
See affached Staff Comments
See attached Comments
"Ok per Meridian Water"
"No Comment'
See attached Comments
See attached Comments
See attached Comments
No Comment
Comments from
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Contacted: ~ I~N ~ ~ l~~ Date: i p-I~ ~; Phone: ~j ~ j
Materials presented at public meetings shall become property of the Ciiy of Meridian.
MAYOR
Robed D. Come
CITY COUNCII, MEMBERS
Kxith Bud
Tammy deWeexd
Cheese McCandless
William L. M. Nary
MEMORANDUM:
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 858-4433 ~ FAX (208) 887-4813
City Clerk Offim Fas {208) 888-4218
To: Mayor, City Council and Planning & Zoning Commission
From: Bruce Freckleton, Assistant to City Engineer
David McKinnon, Planner II
LEGAL DEPARTMENT
(208) 288-2499• Fas 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 -Fas 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 8845533 ~ FAX 888-6854
October 2, 2002
~~T~Q~
City ~ keo~-
Re: Request For a Conditional Use Permit to Allow a Childcare Center for 12-~
Children at 923 E. 4`h Street, Located io an R-15 Zone by Toni R. West (Fide No.
CUP-02-029).
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, Joni West, has requested approval of a childcare center for 12-24 children within an
existing 768 square foot house located at 923 E. 4'" Street. Childcare centers require a conditional use
permit in the R-1 S 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 purchased the home for use as a daycare center and does not intend on using the
property as a residence. The property does not currently have any on site parking. Parking for the
existing residential use is located on 4`" street. The Applicant is proposing to provide new off-street
parking immediately adjacent (no landscape buffer) to the residential property to the north.
The Applicant has started a re-model of the home, and they have installed a new fence on the
property for daycare use. No building permits have been secured for the new fence and the building
department has not reviewed any re-model plans for this project. Staffhas informed the applicant that
a fence permit is required, and that they should check with the building department to determine ifthe
re-modeling of the residence would require a building permit.
LOCATION & SURROUNDING USES
The subject property is located at 923E 4 Street, approximately halfway between State and Pine
Street.
The following uses surround the subject property:
North - Single family residential, zoned R 15.
South - Single family residential, zoned R 15.
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
cuP4n-0z9 wear, 3ooi.cvP
Planning & Zoning Commission/Mayor & City Council
October 2, 2002
Page 2
East - Single family residential, zoned R-8
West -Single family residential, zoned R-15
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;
Staff finds that the subject property is not large enough to accommodate the required
amount of landscaping, required number ofoff-street parking stalls and other features as
required by the MCC.
Parkin¢ (MCC 11-13): Assuming a total of 24 children (maximum number proposed), the
Applicant would be required to provide a minimum of three (3) stalls for the child drop-
off (one space per ten children) and two (2) stalls for the staff (assuming an overall child-
adult ratio of 12:1), for a total of at least 5 on site pazking stalls. If the center cares for a
high percentage of children under eighteen (18) months, this figure would increase
accordingly.
The submitted site plan indicates that parking can be provided on site on a proposed
fifteen foot (15') wide eighty foot (80') deep single driveway. It may be possible to park
both employee vehicles on this driveway in a tandem arrangement, and still provide at
least one child pick-up/drop-off parking spot, but that still leaves two (2) parking spaces
unaccounted for, and does not provide any of the required twenty foot (20') landscape
buffer between land uses (MCC12-13-12-4). The City's pazking ordinance also prohibits
commercial parking in setback areas if adjacent to a residential use (MCC11-13-3D).
Staff would recommend that the parking be located off the alley to avoid the buffer
issues.
Furthermore, staff is concerned about the lack of handicap parking on the site. For
pazking 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.
Landscaoinu (MCC12-13): As mentioned above, MCC12-13-12-5 requires a minimum 20-
footwide 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 b alance o f t he r equired b uffer w idth. T he A pplicant should provide the amount of
existing buffer, if any, and show the required balance of the buffer to make up the difference.
CUP-02-029 Wes[, Joni.CUP
Planning & Zoning Corrunission/Mayor & City Council
October 2, 2002
Page 3
The proposed site plan does not provide any landscape buffer for the single family residential
home to the north, and only a nine foot (9') wide non-landscaped buffer for the single family
home to the west.
Staff recognizes that the location of the proposed daycare building would prohibit the
applicant from providing the required twenty foot (20') landscape buffers on the north or
west side, however, eliminating or ignoring the buffer requirements is not an acceptable
alternative. The applicant should attempt to substantially comply with the City's adopted
Landscape Ordinance
Additional Improvements: The submitted site plan does not include a new sidewalk
adjacent to 4th street as required by MCC12-2-5-2K. ACHD has not required a sidewalk
at this location; however, the MCC still requires that a sidewalk be built at this location.
Staff finds that major redesign of the site that includes additional landscaping, additional
parking and a new sidewalk will be required to bring the prouertv into compliance with
the requirements of the MCC.
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 "Old Town"
and includes several policies encouraging a mixed uses and a high quality of life for
children and 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 accord with the
off-street parking, landscaping and sidewalk 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. Staff has determined that a similar daycare use, approved as a conditional use,
exists within the same neighborhood.
Staff further finds that the R-15 zone is intended to allow a wider range of uses than other
residential zones. Compatibility with the adjacent single family uses must be facilitated
through new landscape buffers, which need to be designed for maximum sound
mitigation.
CUP-02-029 West, Joni.CUP
Planning & Zoning Commission/Mayor & City Council
October 2, 2002
Page 4
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 has received written objections to this proposal; please consider the written
testimony as well as oral testimony when making this finding.
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 exception of a public sidewalk.
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.
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;
ACRD has stated that the proposed use can be expected to generate 4.52 vehicle trips per
child, per day. Assuming a high total of 24 children, that will increase the traffic on
Fourth Street by over 100 vehicle trips per day. ACHD does not object to this increase in
traffic on this public right-of--way.
The Commission and Council should determine, based on public testimony, if the new
trips will be "excessive" for Fourth Street. If children aze properly supervised and the
hours of outside play aze restricted to normal day hours, the noise generated should not be
excessive. No excessive amounts of smoke, fumes, glaze or odors will result from the
proposed use.
H. That the proposed use will have vehicular approaches to the property which shall be
CUP-02-029 West, Joni.CUP
Planning & Zoning Commission/Mayor & City Council
October 2, 2002
Page 5
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 ACRD requirements aze 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.
SITE SPECIFIC REQUIREMENTS
1. Sanitary sewer and water to this facility shall be via existing service lines.
2. A revised landscaping and parking plan shall be submitted to the Planning and Zoning staff for
review at least ten (10) days prior to the next public hearing held for this project.
Sewer and water assessments will be reviewed during the remodeling plan review process.
Applicant maybe subject to an assessment increase due to the more intense use.
4. A Certificate of Occupancy (C.O.) 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. The maximum number of children allowed per the Uniform Fire
Code and the Uniform Building Code shall be determined at the time of Meridian Fire
Department site inspection.
A six-foot tall, fence, with a lockable gate, shall be required around the entire perimeter of the
children's play azeas. A fence permit shall be required for construction of the fence.
6. All existing and new landscaping shall be continuously maintained and any dead or dying
vegetation shall be replaced upon request from the City.
7. All off-street parking and azeas of circulation shall be improved with a hazd surface in
accordance with Ordinance 11-13-4.D. Parking for the pick-up and delivery of children shall be
located off-street. Ifoff-site, shared parking is approved, the Applicant shall, at a minimum, re-
designthe site to provide one (1) ADA handicap, van-accessible pazking 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
CUP-02-029 West, Joni.CUP
Planning & Zoning Commission/Mayor & City Council
October 2, 2002
Page 6
project.
8. All construction and site improvements shall conform to the requirements ofthe 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.
9. The Applicant shall meet all of the licensing requirements of the State of Idaho Department of
Health and Welfare prior to beginning operation. A copy of the State license shall be submitted
to the City Clerk's Office for inclusion in the City's records.
10. 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 REQUIREMENTS
1. Off-street pazking 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.
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 azeas and in accordance with City Ordinance Section 11-13-4.C.
CUP-02-029 West, Joni.CUP
Planning & Zoning Commission/Mayor & City Council
October 2, 2002
Page 7
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. 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.
RECOMMENDATION
Staff recognizes that this property is located in an older section of the City of Meridian, and that
due to the small nature of the lots located within the development area, parking and landscaping
requirements will be hard to meet. The MCC provides for variances, and alternative compliance
(for landscaping requirements) to address these types of development issues.
Staff cannot recommend approval of the submitted proposal at this time due to the fact that the
proposed site plan fails to meet all of the required findings for a conditional use permit as
detailed above (MCC11-17-3, A-i). The proposed landscape/site plan will need to be modified to
provide additional parking, and landscaping; and may require the issuance of a variance by the
City Council in order to comply with the intent of the MCC.
CUP-02-029 West, 7oni.CUP
OCT-9-2002 02: 40P FROM: Sani tars Seru ices
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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 end recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: October
Transmittal Date: September 3, 2002
File No.: CUP 02-029
Request: Conditional use Permit for a
70, 2002
Hearing Date: Octob®r 17, 2002
for 12 -24 children in an
zone for Joni R. West
By; Joni R.
Location of Property or Project; 923 East 4th
David Zaremba, P/Z (NO vAR, VAC. FP) Meridian School District (NO FP)
Jam Centers, P2 (No VAR, VAC. FP1 Meridian Post Otllce (FP/PP only)
Leslie Mathes, P/Z (No vaa, vac, FP) Ada County Highway Oistlicd
Keven Shreeve, P!Z (No vAR, vAC. FPj CommuMty Planning Assoc.
Keith Borup, P2 (No vaa, vac. FPJ Central District Health
Robert Come, Mayor Nampa Meridian brig. District
Bill Nary, C/C Settlers Inigatien District
Tammy deWeerd, CIC Idaho POWef Co. (FPrPP only)
Keith Bird, C/C U.S. West (FPiPPordy)
Cherie McCandless, C/C Intermountain Gas rFPiPPony)
Water Deparment Bureau of ReGamation (FP/PP only)
Sewer Department Idaho Transportation Department (No FPJ
_~ Sanitary Service !No vAR vac. FPj Ada County (Annexafkn onyy
Building Department Yaur Concise Remarks:
Fire Department ~ ,e.r~ ~-„ , s ~5 r a t~ a s_ M e .{ '3 0 _ ,A . are ~
Police Department ~s a Grnsnee~.ac. A6tOc~,JT A.x,a Qa-ra~ ~US.•Y
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City Engineer '~3,,,~ Ga•a r:o,e,f: ~q,U,rR2/c5a¢/. /a1c~S.s,C
City Planner
Parks Department R~CEI~TED
OCT 0 9 2002
City Of Meridian
City Clerk Office
33 EAST lDAlTO • MERIDIAN, IDAHO 83642
('_OS1 BS8-6677 • Fux (108) 587.681) City Clerk OtY'ICC Fax (208) 888.4?I B human Rcss,unex Fax (2D6) R86-5721
OCT 09 '02 14:51 '
208-888-5052 PAGE.01
Joseph Silva
• Deputy Chief
Meridian Fire Department
• 540 E. Franklin Rd.
Meridian, Id 83642
• (208)888-1234
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Menc~ian `ire ~epar~ment
September 16, 2002
TO: Meridian Planning & Zoning Commissio
FROM: Joseph Silva, Deputy Chief, Fire Prevention
SUBJECT: Conditional Use Pernut for 923 East 4th - 02-029
The following will be the requirements and/or concerns to provide minimum levels of fire protection for
the proposed project:
1. All modifications to the building will have to comply with the Building Code.
2. The project will have to comply with the Idaho State Fire Marshal's requirements for Day
Q~re Facilities.
RECEIVED
SEP 16 20U2
City Of Meridian
City Clerk Office
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Ada County Highway District
Dave Bivens, 1st Vice President
Judy Peavey-Derr, 2nd Vice President
Susan S. Eastlake, Commissioner
Sherry R. Huber, Commissioner
Garden City ID 83714-6499
Phone (208)387-6100
FAX (208) 387-6391
E-mail:
TO: Joni R. West
923 E. 4th Street
Meridian, ID 83642
September 10, 2002
RECEIVED
SUBJECT: MCUP02-029
Child Care Facility
923 E. 4th Street
SEP 1 3 20f~?
City of Meridian
City Clerk Otfioa
The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for
the item referenced above. The ACRD Commission will not hear this item unless the site plan is changed in
such a manner as to require Commission review.
However, ACRD receives many calls from neighbors of day care center concerning the volume of traffic and
the number of parked vehicles near existing day care centers. Each parent typically makes two round trips per
day (i.e. four one-way trips). The Institute of Transportation Engineers (ITE) data show that a typical day
cares created 4.52 vehicle trips per day per student. The proposed 12 to 24-student facility can be expected to
generate up to 108 tgtal vehicle trips per day.
All fixture design plans and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable
ACRD Ordinances unless specifically waived in writing by the District.
If you have any questions feel free to contact me at (208) 387-6170.
Sincerel
~M
Development alyst
Planning & Development
Cc: Planning & Development/Chron/Project File
Planning & Development ServicesCity of Meridian
Robert A. West, 2132 W. Chateau Drive, Meridian, ID 83642
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Sonya RECEIVED
From: Shari Stiles [stiless(a3ci.merldian.id.us] SEP 1 2 2~2
Sent: Wednesday, August 14, 2002 9:51 AM City Of Meridian
To: Code Enforcement; Sonya Allen G4ty Clerk Office
Subject: FW: DAY CARE ISSUSES
Can you please follow-up on this and make sure the daycare is red tagged? Sonya, please look this up and
see if we have any application submitted. If not, call Child Care Licensing at IDHW to report them.
-----Original Message-----
From: bugg [mailto:ladybugg@cableone.net]
Sent: Tuesday, August 13, 2002 7:30 PM
To: stiless@ci.meridian.id.us
Subject: DAY CARE ISSUSES
recently we found out that a day care would be going into our neighborhood. it will
be run as a business, not an inhome. we already have an in-home day care and have
constant trouble with mainly parking issues.
the property is located at 923E 4th
street between east pine and east state.
several neighbors have called your office to obtain information about this. we have
found out there have been no permits for anything. they have put up a six foot fence
without a permit, and are doing other re-modeling without permits. last week and so
far this week they are running this as a day care.
1 have contacted the code enforcement officer and visited with him at length. so far
not a thing has been done to curtail this. the lady opening the day care has said that
she will continue to do whatever in needed to get it up and going then apply for the
permits that way she cant be turned down for the permits necessary. there fore we
all feel she is throwing it in everyone's faces including yours and is saying 1 will do
this no matter what. and so far she is getting away with it because no one has
challenged her on it, it would be nice if the laws were followed in this instance.
I understand a lot of rules cause the other day care in the neighborhood had to%ump
through hoops to open and in-home one. and this lady is getting away with no
permits of any kind.
!hope something is done regarding this matter
thank you
a concerned neighbor of 4th street
8/14/2002
CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT
•• DISTRICT
HEALTH Environmental Health Division
DEPARTMENT
Rezone #
ConditionaF Use # L' 11,4 ~o"~ -O~--a1
Preliminary /Final /Short Plat
Return to:
^ Boise
^ Eagle
^ Garden City
~Nleridian
^ Kuna
^ACZ
^ 1. We have No Objections to this Proposal. SEP - 9 1pQ1
^ 2. We recommend Denial of this Proposal. City Of Meridian,
City Clerk Office
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning-soil conditions on this Proposal before we can comment.
^ 5. Before we can commend concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^orbedrockfromorlginalgrade ^other
^ 6. This office will require a study to assess the impact of nutderds and pathogens to receiving ground waters and/or
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
^ 8: After written approval from appropriate entities are submitted, we can approve this proposal for:
^ central sewage ^ community sewage system ^ community water well
^ intedm sewage ^ central water
^ individual sewage ^ individual water
^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ communitysewagesystem ^ communitywater
^ sewage dry lines ^ central water
^ 10. Run-off is not to create a mosquito breeding problem.
^ 11. ,This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be ins#alled, 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:
^ food establishment ^ swimming pools orspas child care center
^ beverage establishment ^ grocery store
~14. ~/.-.ra/ C..,-/~c,` .Cc~..ce .f~:..e..-c .sr coves Date: ~/ c~ l va-
_G>L ,~a 7 ~rdd ~.t~,a.-d.~.-~ /~ c ecls rl ~ Reviewed By: 4~~~ ~:r
~o„o~~~ Review Sheet
PUBLIC HEARING
SIGN-UP SHEET
DATE October 17, 2002
PROJECT NUMBER CUP 02-029
PROJECT NAME Joni R. West
NAME FOR AGAINST
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