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HomeMy WebLinkAboutStaff ReportSTAFF REPORT Hearing Date: August 19, 2010 TO: Planning & Zoning Commission E IDIAN~-- FROM: Sonya Watters, Associate City Planner I D A H O 208-884-5533 SUBJECT: CUP-10-006 - Blairmore Pre-School & Daycare I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Laurie Gallia, has applied for a modification to a previously approved conditional use permit (CUP) for a daycare center on this site. Since the time of original approval, the property has changed ownership. Thus, a modification to the CUP is required in accord with UDC 11-SB-6G. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP modification with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-10- 006 as presented in the staff report for the hearing date of August 19, 2010, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny CUP-10-006 as presented during the hearing on August 19, 2010, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-10-006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: 3150 N. Blairmore Located in the northwest % of Section 1, Township 3 North, Range 1 West B. Owner(s): Kathryn Bouvier 8461 Purple Sage Middleton, ID 83644 C. Applicant: Laurie Gallia 3150 N. Blairmore Meridian, ID 83646 PAGE 1 D. Representative: NA E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit modification. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 2, and 16, 2010 C. Radius notices mailed to properties within 300 feet on: July 22, 2010 D. Applicant posted notice on site by: August 10, 2010 VI. LAND USE A. Existing Land Use(s) and Zoning: This existing structure is currently vacant; the property is zoned R-8 (medium density residential). B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by existing and future residential properties, zoned R-8; and future commercial property, zoned C-C. C. History of Previous Actions: • In 2005, the property was annexed and zoned R-8 and preliminary platted (PP-OS-017) as part of Crossfield Subdivision. A conditional use permit/planned development (CUP-OS- 022) was also approved that allowed for reductions to certain dimensional standards. • In 2006, a final plat (FP-OS-080) was approved that included the subject property as Lot 2, Block 4 in Crossfield Subdivision No. 1. • A conditional use permit (CUP-08-001) for apre-school and daycare facility for up to 40 children in an R-8 zoning district was approved in 2008. • A certificate of zoning compliance (CZC-08-040) was approved in 2008 for a daycare facility for up to 40 children in an R-8 zoning district. D. Utilities: 1. Public Works: a. Location of sewer: Currently connected from N Blairmore Way b. Location of water: Currently connected from N Blairmore Way c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the floodplain or floodway. F. Access: Access for this site is depicted on the site plan via N. Blairmore Way. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Mixed Use -Community (MU-C)" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 103), the following standards apply to MU- PAGE 2 C areas: Up to 25 acres of non-residential uses are permitted as shown on the Future Land Use Map; in MUC areas that are not Neighborhood Centers such as this, over 25 acres of non-residential uses shall be permitted through the CUP process; up to 200,000 square feet of non-residential building area; and residential densities of 3 to 15 units/acre are allowed. Sample uses include: All MU-N categories, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, and department stores. Staff believes the proposed daycare center is a compatible use in MU-C areas such as this. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property in the following manner.• • Sanitary sewer and water service is provided to the property. • 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 continue to 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. • Chapter VII, Goal I, Objective B (page 109) -Plan for a variety of commercial and retail opportunities within the Impact Area. Staff is of the opinion that the proposed pre-school and daycare will contribute to the variety of educational and commercial opportunities available within the area of the subject site.. • Chapter VII, Goal IV (page 112) -Encourage compatible uses to minimize conflicts and maximize use of land. Staff is of the opinion that the proposed use of this property is compatible with surrounding existing & future residential and commercial uses for the following reasons: 1) the pre-school and daycare will serve the needs of nearby residents; 2) the appearance of the structure is consistent with adjacent residences as it is a former dwelling; and 3) its location at the entrance of a residential development will not create additional traffic within the neighborhood • Chapter VII, Goal IV, Objective D, Action 2 (page 114) -Restrict curb cuts and access points on collectors and arterial streets. Access to the site is provided via N. Blairmore Way, a local street; no access is proposed or approved via Ustick Road, an arterial street. PAGE 3 Chapter VII, Goal IV, Objective D, Action 5 (page 114) -Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). A 25 foot wide landscape buffer currently exists along W. Ustick Road, an arterial street, as required by UDC Table 11-2B-3. VIII. UNIFIED DEVELOPMENT CODE A. 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. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the permitted, accessory, conditional, and prohibited uses in the R-8 zoning district. The proposed pre-school and daycare facility is classified as a daycare center and is a conditional use in the R-8 zoning district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district apply to this site. D. Landscaping Standards (UDC 11-3B): 1. Width of street buffer(s): 25 feet along W. Ustick Road, an arterial street 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: NA 4. Tree Preservation: NA E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 500 square feet of gross floor area for non-residential uses. The total square footage of the building is 2,112. Based on this amount, a total of 4 parking stalls are required. A total of 8 parking stalls are provided on the site. UDC 11-3C-6G requires one bicycle parking space be provided for every 25 proposed vehicle parking spaces or portion thereof. Based on 8 parking stalls, a minimum of 1 bicycle parking space is required in accord with the standards listed in UDC 11-3C-SC. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional Use Permit: The request is for a modification to the previous conditional use permit (CUP-08-001) approved for this site that allowed for the operation of a 2,112 square foot daycare center for up to 40 children in an R-8 zoning district. Since the time of original approval, the property has changed ownership. For this reason, a modification to the CUP is required in accord with UDC 11-SB-6G. There are specific use standards listed in UDC 11-4-3-9 that apply to daycare facilities that the applicant shall comply with. The applicant shall also comply with all previous conditions of approval for CUP-08-001. A previous condition of approval was that the 3 parking spaces shown at the southwest corner of the site be paved; this was not done with the previous CUP. The applicant shall pave the 3 stalls as shown on the site plan attached in Exhibit A.2. Additionally, a bike rack capable of holding a minimum of 1 bicycle shall be installed on the site in accord with UDC 11-3C-6G and the standards in UDC 11-3C-SC. PAGE 4 A Certificate of Zoning Compliance will not be required because the use of the property is not changing from the previous approved use. However, a new Certificate of Occupancy is required to be obtained from the Building Department after the CUP modification is approved. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map & Aerial Map 2. Site/Landscape Plan (Apri128, 2008) & Floor Plan 3. Building Elevation (photo) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code PAGE 5 R-8 c-c R1 R-4 ...._ ~1i ggq ST II ua W z ~_~ ; G-IY n a S ~r ~'mTm m-r ~~~~~ ~ ~~u~ ~e ~ ` ' why=~+a " ' x a ur" ,r ~m ~ , ~ ~- .~ ~.~ . ~ ~~~d Site y~ ~ FL~~"S 5 f~Cfa ',j U~fl~` „ 4 ~ ~ „" , ~ ~ ~~ X ~ ~ ~ ~. s ~„" ~~~ x b: ~ ~ s ~ ~. s~ ~ ^ a t 9 q ~ e€: ~"; r~; ~ f 2a;f} ~~ ~' ~ ~ ~ ~'. s~ '. '~a ~`~ (t A ; a §~' ~ Pi yP ~` a Q~$ `~, 5; f ~.~ , r~..°,~~ ~ "" ~ ~i ~ d. Exhibit A.l : Vicinity/Zoning Map & Aerial Map PAGE6 Exhibit A.2: Site/Landscape Plan (dated: Apri128, 2008) & Floor Plan O ~~~ ' ~ ~ ,~'~ ,,~(:~~ tr1~1- /a ~/ ~ ~ _. ~ .. _ - - of i- i ~n.:w. ..., ~ =-a+r---+e~-+r +r .~+r~K ~ v- -+--+r -ar- ~ 1 oaw rniv oa~~ ~, M7~ IM,.iN l r. r iw tirnwwe rv aa~o ~wwe~r ~ ~ cerrr, cuw PAGE 7 ~ ~. _ ~~ ~.~~ ~~ •w~r rww~ rrw~ wu raw I ~:~il C ~a~i~ " PAGE 8 Exhibit A.3: Building Elevation (photo) PAGE9 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all conditions of approval of CUP-OS-022 & CZC-08-040 for the previous daycare facility and all other previous conditions associated with this site (AZ-OS-015; PP-OS-017; CUP-OS-022; FP-OS-080). 1.2 Provide a minimum of 1 bicycle parking space on the site in accord with the standards listed in UDC 11-3C-SC. 1.3 Provide a total of 3 paved parking stalls at the south west corner of the site as shown on the site plan and required by CUP-08-022. 1.4 The applicant shall provide proof of criminal background checks and fire inspection certificates as required by Title 39, Chapter 11, Idaho Code, in accord with UDC 11-4-3-9, prior to issuance of certificate of occupancy. 1.5 The applicant shall comply with the specific use standards listed in UDC 11-4-3-9 for daycare facilities. 1.6 The applicant shall be allowed to care for up to 40 children per day between the hours of 6:30 am and 1:30 am as approved with CUP-08-022. 1.7 Certificate of Zoning Compliance will not be required because the use of the property is not changing from the previous approved use. However, a new Certificate of Occupancy is required to be obtained from the Building Department after the CUP modification is approved. The applicant shall comply with all conditions contained herein prior to issuance of Certificate of Occupancy. 1.8 No signs are approved with this application. The applicant shall submit a sign permit application in accord with the standards listed in UDC 11-3D for approval of any future signs on this site. 1.9 The applicant shall have a maximum 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 time extension shall be requested in accord with UDC 11-SB-6F prior to expiration. If a time extension is not requested or granted and the CUP expires, a new conditional use permit must be obtained prior to operation. 1.10 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 Public works has no issues with this application 3. FIRE DEPARTMENT 3.1 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.2 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the Intemational Fire Code Section 101.2. 3.3 All daycares must pass an inspection using the criteria of the Idaho State Fire Marshal as set forth in Idaho Statute Title 39-1109. Prior to scheduling an inspection, the applicant must pay a fee of $20 for the cost of the inspection. PAGE 10 4. POLICE DEPARTMENT 4.1 The Police Department did not submit. comments on this application. 5. SANITARY SERVICES 5.1 Trash collection needs to be from a local street, not from a collector or arterial. SSC will not provide trash pick-up services from the arterial street (Ustick Road). 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACHD has no site specific conditions of approval for this application at this time due t the fact that all improvements exist abutting the site. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. PAGE 11 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. 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. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-8 district. (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed use is consistent with the Comprehensive Plan future land use map designation of MU-C. Further, staff finds the proposed use of the site is consistent with the Comprehensive Plan in that the proposed pre-school and daycare center will contribute to the variety of educational and commercial opportunities available to the surrounding area. 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. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed daycare center should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should weigh any public testimony provided to determine if the development will adversely affect the other property in the vicinity. e. 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. Staff 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 ACHD. 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. PAGE 12 f. 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 will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff recognizes that traffic will likely increase with the approval of a daycare center in this location; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public since the Comprehensive Plan and UDC anticipated the site to be developed with commercial uses. In addition, a daycare center previously operated on the site and staff is not aware of any issues arising from that use. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed use will not be detrimental to people, property or the general welfare of the area. h. 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 the proposed use that should be brought to the Commission's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.