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HomeMy WebLinkAboutBlairmore Pre-School and Daycare CUP-08-001RECEIVEID FEB 2 9 2008 City ®f Meridian City Clerk Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ IAN*-- ~J In the Matter of Conditional Use Permit to operate a Daycare Center from an existing home in an R-8 zoning district, for Blairmore Pre-school, by Annette Reed. Case No(s). CUP-08-001 For the Planning and Zoning Commission Hearing Date of: February 21, 2008 (Findings on March 6, 2008). A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 21, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 21, 2008 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps.. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN F1IVDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-001 Page 1 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Chair of the Commission and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 21, 2008 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The. applicant's Conditional Use Permit as evidenced by having submitted the Site/Landscape Plan dated February 12, 2008, prepared by MCHD, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 21, 2008 incorporated by reference. D. Notice of Applicable Trne Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O8-001 Page 2 require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to 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 maybe filed. 2. 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 maybe adversely affected by the issuance or denial of the conditional use permit approval 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. F. Attached: Staff Report for the hearing date of February 21, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-001 Page 3 lY Ey action of the rlannin~ k Zoning Gmmission at its regular meeting held on the '~ day of n,(1~,P/' , 2008. COMMISSIONER DAVID MOE (Chair) COMMISSIONER MICHAEL ROHM COMMISSIONER WENDY NEWTON-HUCKABAY COMMISSIONER TOM O'BRIEN COMMISSIONER JOE VOTED ~ VOTED n VOTED VOTED MARS VOTED CHAIRIV~~,N D ID MOE ~`~ ~. Attest: ~~ Tl~p ' s ' ' ~ ~~;~.L ~,. ,p City Cle '~, '~Q_ t t9~ •, ~1` ~~: ~9 •~ Copy served upon Applicant, The Planning Attorney. ent, Public Works Department and City B Dated: `T' ~' o g Ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-001 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 STAFF REPORT Hearing Date: February 21, 2008 E IDIAN~-- I'~AHO TO: Planning & Zoning Commission FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: Blairmore Preschool and Daycare • CUP-08-001 Conditional Use Permit to operate a Daycare Center from an existing home in an R-8 zoning district, by Annette Reed 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Annette Reed, is requesting Conditional Use Permit (CUP) approval to operate a daycare center for up to 40 children in an R-8 (Medium Density Residential) zoning district. The proposed daycare center will be operated from an existing 2,700 square foot home within the Crossfield Subdivision. As part of the Crossfield Subdivision approval, the existing home was proposed to be used as a daycare facility with the approval of a conditional use permit. If the subject CUP is approved, the site will have to conform to the daycare standards in UDC 11-4-3-9. The applicant is proposing to operate a daycare facility for children ages 3 and up. The facility is expected to operate from the hours of 6:30 a.m. to 1:3'0 a.m. to provide child care for the parents who work nights. Access is provided via a one way ingress/egress drive, with a total often parking stalls adjacent; 8 generaUsurface parking stalls and 2 stalls for employee parking within the existing garage. An outdoor play area is proposed enclosed with a six foot vinyl fence to provide an area for outdoor activities for the children. Indoor the proposed facility the children will have a plethora of learning activities to choose from. The applicant will have 30-45 minute instructional activities ranging from learning how to read to learning good nutritional habits. In addition a separate office and sick room will be provided for the children who are waiting to be picked up by their parents. The subject site is located at 3,150 N Blairmore Way in Section 1, T3N R1W. The property is currently .zoned R-8 which requires conditional use approval to operate a daycare facility. 2. SUMMARY RECOMMENDATION The subject application (CUP-08-001) was submitted to the Planning Department for review. Staff has provided a detailed analysis and recommended conditions of approval for the CUP application. Staff is recommending that the CUP application be approved with the conditions listed in Exhibit B of the staff report. The Meridian Planning and Zoning Commission heard this item on February 21, 2008 At the public hearing the Commission moved to approve CUP-08-001. a. Summary of Commission Public Hearing: i. In favor Annette Reed (Applicant) ii. In opposition: None iii. Commenting Cindy Jones and Terrv Farnham iv. Written testimony: None v. Staf>~ resenting application: Bill Parsons vi. Other staff commenting on application: None Blairmore Pre-school and Daycare Center PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 b. Kev Issues of Discussion by Commission: i. Perimeter fencin ad'acent to the common lot to the south and east side of the drivewav. ii. Access to/from the pla~Qround area. ' c. Kev Commission Cban~es to Staff Recommendation: i. Modify condition 1.1 requiring 6-foot vinyl fencing along the eastern side of the drivewav and 6 foot wrought iron fencing along the southern property boundary to reflect the proposal by the Police Department. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP- 08-001 as presented in the staff report for the hearing date of February 21, 2008, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-08- 001 as presented in the staff report for the hearing date of February 21, 2008, for the following reasons: (State specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-08-001 to the hearing date of (insert continued hearing date here) for the following reason(s).: (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3150 Blairmore Way; Section 1, T3N R1W b. Owner: Annette Reed 2645 E. Ustick Road Meridian, ID 83646 c. Applicant: Same as owner d. Representative: Mike Carroll, MCI-ID e. Present Zoning: R-8 f. Present Comprehensive Plan Designation: Mixed-use Community with a Neighborhood Center overlay g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval to operate a daycare center in an R-8 zone. The proposed child care center will be operated from an existing 2,700 square foot home within the Crossfield Subdivision. 1. Date of CUP site/landscape plan REVISED (attached in Exhibit A): February 12, 2008 2. Date of floor plan (attached in Exhibit A): January 22, 2008 h. Applicant's Statement/Justification: The Blairmore Preschool and Daycare Center will Blairmore Pre-school and Daycare Center PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 provide a safe and educational atmosphere to children between the ages of 3 and up. The center is scheduled to be open from 6:30 a.m. to 6:30 p.m. with future plans to provide parents working nights care for their children from 6:00 p.m. to 1:30 p.m. Meals will be provided on site and the pre-school curriculum will be taught in 30-45 minutes programs. Educational programs include the book nook, just imagine, love to cook, learning rocks and big city. All rooms will serve as nap areas and the center will have an on site office with a specified sick area for those kids who are waiting to be picked up. An outside play area will have a picnic tables and provide a playscape area for outdoor activities. There are ten subdivisions within a close proximity to the daycare center thus providing a well needed service to the community. (See applicant's narrative for more detail) 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Planning & Zoning Commission on this matter. b. Newspaper notifications published on: February 4, 2008 and February 18, 2008 (Planning and Zoning Commission); c. Radius notices mailed to properties within 300 feet on: January 28, 2008 (Planning and Zoning Commission); d. Applicant posted notice on site by: February 11, 2008 (Planning and Zoning Commission); 6. LAND USE a. Existing Land Use(s): There is an existing home on the site that will be used as the Daycare Facility. b. Description of Character of Surrounding Area: This area is rapidly transitioning into amixed- use area. There are various commercial developments that have been proposed and approved in this area including Settler's Square (recommended approval from P/Z) to the north and the Cedar Springs development to the northeast. In addition there is residential development to the south, Crossfield, which this site is a part of. c. Adjacent Land Use and Zoning 1. North: Proposed Settlers Square Subdivision and rural residences, zoned C-C and RUT (Ada County) 2. East: Crossfield Subdivision No. 4 and rural residences, zoned R-8 and RUT (Ada County) 3. South: Crossfield Subdivision No. 2, zoned R-8 4. West: Crossfield Subdivision No. 1, zoned R-8; Rural Residences, Approved Southwick Subdivision, zoned RUT (Ada County) and R-4 d. History of Previous Actions: The subject property was annexed into the city as the Crossfield Subdivision (AZ-OS-015) and no development agreement was required for the site. Along with the annexation the site was approved for a preliminary plat (PP-OS-017) and a planned development (CUP-OS-022). As part of the PD approval, the existing home was proposed to be used to operate a daycare facility with future CUP approval. The lot was final platted with Crossfield Subdivision No. 1 (FP-OS-080). e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This site is served from N Blairmore Way. Location of water: This site is served from N Blairmore Way. PAGE 3 Blairmore Pre-school and Daycare Center CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 Issues or concerns: Sewer assessment fees. 2. Vegetation: Existing landscaping to remain on the property. 3. Flood plain: N/A 4. Canal's/Ditches Irrigation: 5. Hazards: N/A 6. Existing Zoning: R-8 7. Size of Property: 0.59 acres £ Conditional Use Information: 1. Non-residential square footage: 2,700 square feet 2. Building height: 20 feet 3. Number of Residential units: 0 g. Off-Street Parking: 1. Parking spaces required: 6 2. Parking spaces proposed: 10 3. Compact spaces proposed: 0 4. Off-.site parking proposed: 0 h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The proposed project will provide one way ingress/egress to/from N. Blairmore Way. 7. COMMENTS MEETING On February 1, 2008 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval attached in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is currently designated "Mixed Use -Community" (MU-C) with a Neighborhood Center (N.C.) overlay on the Comprehensive Plan Future Land Use Map. Neighborhood Centers are anticipated to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mule area. The purpose of these centers is to create a centralized, pedestrian-oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The Comprehensive Plan also defines the mixed use designation as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet of non-residential building area, and is intended to allow a broad range of uses. Sample uses include: grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, salons, daycare, professional offices, medicaUdental clinics, retaiUgift shops, schools, parks, churches, clubhouses, public uses, clothing stores, garden centers, hardware stores, restaurants, banks, Blairmore Pre-school and Daycare Center PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 drive-thru facilities, auto service station, department stores, entertainment uses, major employment centers, clean industry. The applicant is proposing to operate a daycare facility within the existing home. There are several commercial and residential subdivisions in the area. The use the applicant is proposing should provide a valuable service for the residents in the area. Furthermore, the area is transitioning into more of a neighborhood center with the mix commercial uses that have recently been recommended for approval on the corner of Ustick Road and Venable Lane. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed the following manner: • Sanitary sewer and water service has been extended to the project at the developer's expense. • The lands are serviced by the Meridian Fire Department (MFD). • The lands are serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N, Objective D, Action 2) The applicant is not proposing direct lot access to Ustick Road with the subject application. All vehicular access will be taken from N. Blairmore Way. • "Identify commercial zones to buffer commercial and residential uses, to allow uses such as office and other low intensity uses." (Chapter VII, Goal 1, Objective B, Action 7) The subject site is not zoned commercial; however a more intense use then a residential home is proposed. Staff believes, a daycare center can serve as good transitional use between residential uses and commercial uses. As mentioned earlier, the northwest corner of Ustick Road and Venable Lane is proposed to develop with a mix of commercial uses. The proposed daycare can help act as a buffer between the proposed Settler's Square commercial development and the future single family residences to the south. PAGE 5 Blairmore Pre-school and Daycare Center CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 "Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties." (Chapter VII, Goa14, Objective C, Action 2) The existing home was platted on a lot within the Crossfield Subdivision. A 30 foot landscape buffer (common lot) was required along Ustick Road and a 20 foot landscape buffer (common lot) was required at the southern property line of the site and is screened with an existing 6 foot vinyl fence on the east side there is also an existing 6 foot vinyl fence and the existing home is approximately 16 feet from the property line. Staff finds there is sufficient buffering for the residential homes to the south and east. Staff believes that the proposed daycare center use is consistent with the Comprehensive Plan. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-21ists the permitted, accessory, and conditional uses in the R-8 zoning district. Day care centers are a conditional use in the R- 8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: There are several daycare standards listed in UDC 11-4-3.9. Analysis of these specific use standards are provided in Section 10 below. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation UDC 11-4-3.91ists the following standards for all Day Care Facilities: 1. In determining the type of day care facility, the total number of children cared for during the day and not the number of children at the facility at one time, is the determining factor. The operator's children are excluded from the number. The proposed daycare facility is requesting to accommodate up to 40 children. Because more than 12 children will be at the facility, this is a daycare center. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. The applicant is proposing to designate a one way/one aisle driveway and provide a total of ten parking stalls on the site. The parking area located in front of the building will provide the 25-foot drive aisle/back-up area width for vehicular maneuverability. Fire has conditioned this entire area remain open and signed "DO NOT BLOCK FIRE LANE." Two of the proposed parking stalls will be located within the existing garage and be designated for employee parking. Employees will park in the garage to allow for the parents picking up and dropping off kids to use the remainder of the parking stalls. Two of the stalls will be parallel to the driveway (on the west side) and one parallel stall will be located at the entrance of the site just north of the 20-foot common lot. The applicant is proposing to construct a hallway within the garage to allow patrons of the business to access from the existing side door (facing west). This solution should provide better connectivity between the office area in the PAGE 6 Blairmore Pre-school and Daycare Center CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 home and the parents signing their kids in and out of the facility. However, the applicant should contact the Building Department for code requirements pertaining to the site changing from a residential use to commercial use and using part of the garage for an office/check-in area. With the CZC application, the applicant will be required to pull any necessary permits for the conversion of this home to a daycare. All parents/guardians will be required to park in a striped stall and go in to pick-up and drop-off the children. The proposed parking ,lot is designed in accordance with the City's current standards for parking lot dimensions. In addition the applicant will be placing an entrance only sign at the southern driveway and an exit only sign at the northern driveway on the site. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. Staff recommends that the Conunission allow up to 40 children to use the subject facility, as requested. The applicant is also requesting to operate the facility from 6:30 a.m. to 1:30 a.m. Staff believes there is a niche for this type of daycare facility for the residents of Meridian. Staff is supportive of the applicant's request (see standard 5 below for more analysis). 4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of Health and Welfare -Family and Children's Services Division. Staff is including this condition in Exhibit B. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. Currently the existing home is surrounded by residential zoned property; however a majority of the land is still vacant. Staff believes it is an ideal situation to establish the extended hours of operation for this business now before there are neighbors to the south. and east; this way future resident will have knowledge of the daycare's business before purchasing. To ensure that the noise does not become a problem, staff is including a condition that cars can not idle on the property and kids can not play outside after dusk. As mentioned earlier there is also sufficient buffering with the common lot along the southern boundary. Furthermore, the site is located along Ustick Road and is not internal to the Crossfield development so traffic noise should be minimal because parents coming to put up their children do not have to use any of the local streets. Additional standards for day care facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. The applicant is proposing to fence the outdoor play area with a 6-foot vinyl fence to match the existing 6-foot vinyl fencing already erected on the eastern side of the property. A 20-foot common lot is adjacent to the southern boundary of the subject site. Therefore, no fencing shall encroach into the common lot area. Furthermore, Staff has concerns that the two solid 6-foot vinyl fences separated by 20-foot common lot would cause a "tunnel effect" and may cause concern for the police department. Staff believes the applicant should construct a 6-foot wrought iron fence instead of the 6-foot vinyl fence along the western and the southern property boundary (outside of the common lot). Furthermore, the UDC -requires open view fencing for properties adjacent to common open space. The Blairmore Pre-school and Daycare Center PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 applicant should also be responsible for constructing a minimum 3-foot fence along the southern property line from the back of sidewalk to edge of the proposed six foot fencing. If this change is made staff is supportive of the fencing for the project. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. On the submitted site/landscape plan, the applicant has referenced outdoor equipment area and it appears to be located outside of the required setback. Staff has not been provided with any details of said equipment to determine if it will exceed the 6-feet in height. Staff believes that playground equipment for this site should not exceed 6-feet if it is located in the required setback. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. Staff is including this condition in Exhibit B. Site/Landscape Plan: The applicant has submitted asite/landscape plan with this CUP application. After staff reviewed the original site/landscape plan, several issues were identified. Much of staff's concerns have been addressed through the revised site/landscape plan shown in Exhibit A. However, the applicant is proposing recycled asphalt grindings for the three parallel parking stalls located on the west and south sides of the driveway. Because these stalls will be used on a regular basis, staff believes the three stalls should be paved with a more permanent material (i.e. asphalt) and has conditioned it so in Exhibit B. Also on the submitted plans, there are several existing trees on the site. The applicant is not proposing to remove any of them. Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department, for any trees that will be removed. In addition, the applicant will be installing the required trees adjacent to proposed parking stalls in accordance with the UDC. The remainder of the landscaping is consistent with the UDC. Certificate of Zoning Compliance (CZC): If the subject CUP is approved, the applicant will be responsible. to submit a CZC application to ensure compliance with the CUP conditions of approval. Prior to certificate of occupancy being issued on the site, all conditions of approval should be complied with. Access: The applicant is not proposing direct lot access to Ustick Road with this application. Access to the site will be taken from N. Blairmore Way via a one directional driveway. Elevations: There is an existing 2,700 square foot home on the site. The applicant is not proposing any facade changes at this time. Staff has included photos of the existing home in Exhibit A. b. Staff Recommendation: Staff recommends approval of CUP-08-001 for the Blairmore Pre-school and Daycare Center presented in the Staff Report for the hearing date of February 21, 2008 based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval as listed in Exhibit B. The Meridian Planning and Zoning Commission heard this. item on February 21, 2008 At the public hearing, the Commission moved to approve CUP-08-001. 11. EXHIBITS A. Drawings Blairmore Pre-school and Daycare Center PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 1. Date of CUP Site/Landscape Plan: February 12, 2008 2. Date of Floor plan: January 22, 2008 3. Photos of Existing Home B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Services 6. Central District Health Department- Envirorunental Health Division 7. Ada County Highway District 8. Parks Department C. Required Findings from Unified Development Code Blairmore Pre-school and Daycare Center PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 A. Drawings 1. CUP Site/Landscape Plan F I i I I ~ ~ 1 I f~ (yI i i ~ 1 ~ ~ 1 I "" I I +OM I I F 1 i ~ i ~~ _. ~ -------- ----.nu- _ ---------J `"'~ tct4ta+wr A+~-M-arL ~ .~-+r ~ it -+-+~ -ar +i-~- i ~ 0~~~ !~ ~i ,i ,~ ~-~ NSW AND ~X18TINTi VM7L FGTICG DiTAIL 811E PLAN ~ LANDBf.AP~ ALAN ~eex n.va~m~, w~atcu~v+~c i ,mn raxnaan Exhibit A Page 1 CITY OF MERIDIAN PLANN1NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 2. Floor Plan s ~~ ~~ I~ a ~ a ~~ ~$ ~~ i~ ~ ~ ~ O m«~. ~ ~ ----- ~ ~~ ~ ~° - e ~ g Y O ~~. ~~ ~~ i ~ a ® ~ ____ p $ l g 6 i• ~ _______ '- ------- © ; ~~ ~ a~ i ~ !~ ~ ---------°' ~~ ~~n t e ~ L ~~----- Y >< ---------~F ~~ o ~ _ $ ~ ~ ^ ~ ;I~d----- - t o __ Y ~ tJ~ ^ i F s e i ~~ ~ I!A ~~ ---- ~ - a e e °kw° Y ~~ ~ ® O g ^ ;~~ ;~ ~~~ ' ` a ~ ~ ~ R° ~~ ~ $LAIRMORE PRESCHOOL Archirecheml ~ - 8 - @~;a ~~ R ~ ,~ ~ ~ A ~ ~. ~~ _ Design Associares _ = A-JD DAYCARE CB~ITER - - PCwe:897-0I62 - ' -- ~ ~ !9 ~~ n ~ ~~ ~ ~~ a~ ~ ~ IS ~ a _ FaL 6954110 ~ ~~ Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 3. Photos of Existing Home (front and rear) .. y _.aa~ _ - an ~' `~~' -._ ~l /-~~ ~~ `Y ~ _ tip' v Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 (Side) Exhibit A Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 B. Conditions of Approval 1. PLANNING DEPARTM-ENT 1.1 The site/landscape plan prepared by MCFID dated February 12, 2008 is approved with the following provisions: • Construct 8 surface parking stalls on the site as proposed. All parking stalls shall be paved with asphalt. All parking stalls shall be striped in accordance with the UDC. • The applicant shall construct a-6-€eet 6-foot vinyl fencine along the west side of the play area and a 6-foot wrought iron fence along the southern property boundary (northern boundary of the common lot). The applicant shall construct a minimum 3-foot fence along the southern property line from the back of sidewalk to edge of the proposed six foot fencing. 1.2 The applicant shall be allowed to care for up to 40 children per day. 1.3 The applicant shall be required to install an entrance sign at the southern driveway entrance and a "do not enter" sign near the northern portion of the driveway, so that vehicles are not tempted to drive south out of the one-way driveway. A "do not block fire lane" sign will be required at the edge of pavement of the parking stalls located along Ustick Road. Submit a sign plan with the Certificate of Zoning Compliance application. 1.4 The hours of operation for this business shall be limited from 6:30 a.m. to 1:30 a.m. 1.5 Prior to operation of the day care facility, the applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of Health and Welfare - Farruly and Children's Services Division. Proof of said license shall be provided to the Planning Department prior to release of occupancy of this building for a day care use. 1.6 Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 1.7 Outdoor play area(s) shall not be used after dusk. 1.8 To ensure that all of the conditions of approval for CUP-08-001 are complied with, the applicant shall be required to submit a Certificate of Zoning Compliance for this site. This amendment shall include all of the conditions of approval described in this report and any modifications to the approved site/landscape plan. Any modifications to the site design shown in this CUP application shall be clearly shown on the amended plans. 1.9 The applicant shall have a maxirnurn of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 1.10 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.11 The parking stalls provided in the existing garage shall be designated employee parking only. 1.12 The applicant shall educate the parents/guardians of the need to park and come into the office to check in and out the children; dropping off or picking up of children shall be prohibited. Cars shall not idle on this site while parents/guardians are checking in/out children. Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 1.13 The applicant shall contact the building department for code requirements pertaining to the site changing from a residential use to commercial use. Any permits required for the conversion of the home to a daycare shall be obtained. 1.14 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.15 Staff s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this property was purposed with Crossfield Subdivision Nol. Water assessment fees to this property have been collected and the home is using city water from a connection in N Blairrnore Way. This property is connected to City sewer from mains located in N Blairmore Way however no sewer assessment fees have been collected. The applicant shall pay all sewer assessments fees prior to the issuance of the CUP. 3. FIRE DEPARTMENT 3.1 Final Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface and support an imposed load of 75,000 GVW. 3.4 For all Fire Lanes provide signage "No Parking Fire Lane". 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 Maintain a separation of 5' from the building to the dumpster enclosure. 3.7 Provide a Knox box entry system for the complex prior to occupancy. 3.8 All Daycares 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. Exhibit B Page 2 CITY OF MERUDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 3.9 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the Intemational Fire Code. 3.10 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.11 50 or more children shall require a manual fire alarm system be installed in the existing home. 4. POLICE DEPARTMENT 4.1 The proposed development does not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the John Overton to discuss features that increase visibility, including but not limited to: landscaping, lighting and parking. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.2 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 5. SANITARY SERVICES 5.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. 5.2 Enclosure Numbers and or Capacity: There is a concern that you have not provided enough enclosures to meet waste generation points and volumes that may be generated by the proposed development. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to issuance of the certificate of zoning compliance. 5.3 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. 6. CENTRAL DISTRICT HEALTH DEPARTMENT- ENVIItONMENTAL HEALTH DIVISION 6.1 Applicant will submit plans for child care center to Central District Health Department for review. 6.2 If property is not served by city sewer, the septic system, if present, will need to be sized accordingly. 7. ADA COUNTY HIGHWAY DISTRICT (STAFF HAS NOT RECEIVED COMMENTS) 8. PARKS DEPARTMENT 8.1 The Parks Department did not provide comments on this application. Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 C. Required Findings from Unified Development Code CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The proposed use on this site can accommodate and meet all dimensional and development regulations regarding day care facilities. The Commission is supportive of the layout for the proposed parking plan and traffic flow pattern for this use. Parking stalls are required at the ratio of one space per 500 square feet of gross floor area in commercial districts (UDC 11-3C-6). Per this requirement, 6 stalls are required. There are 10 parking stalls provided on this site, with designated handicap accessible stalls. This provision exceeds the City's minimum parking stall ratio. The Commission finds that the project should have ample parking. The Commission finds that the subject property is large enough to accommodate the required yards (setbacks), parking, landscaping and other features required by the ordinance. Staff recommends the Commission rely on Staff's analysis, and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the designated Comprehensive Designation for this property is Mixed Use -Community with a neighborhood center overlay. The property has existing R-8 zoning and is consistent with the Comprehensive Plan for the fact the area is to provide for a broad mix of uses. A daycare center is listed as an example of uses for the area. The proposed use is generally harmonious with the requirements of the UDC (see Section 10, Analysis above for more information regarding the requirements for day care facilities in City Code.) 3. 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 Commission finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of a daycare facility should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed day care use will not adversely affect other property in the area. The Commission Exhibit C Page 1 CITY OF MERfDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 21, 2008 should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACRD. Based on comments from other agencies and departments, Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant wil'1 be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the commuiiity's economic welfare. 7. 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission recognizes that traffic and noise will increase with the approval of a daycare facility in this location; however, The Commission does not believe that the amount generated will be detrimental to the general welfare of the public. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The Commission finds that the proposed use will not be detrimental to people, property or the general welfare of the area. 8. 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 there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Commission's attention. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Exhibit C Page 2