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PZ - Staff Report PAGE 1 STAFF REPORT Hearing Date: March 16, 2017 TO: Planning & Zoning Commission FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: H-2017-0015 – Melissa’s Daycare I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Melissa Smith, has applied for a conditional use permit (CUP) for a daycare group in the R-8 zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0015 as presented in the staff report for the hearing date of March 16, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2017-0015 as presented during the hearing on March 16, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0015 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: 523 E. Brown Bear Located in the northwest ¼ of Section 6, Township 3 North, Range 1 East B. Owner(s): Ron and Melissa Smith 523 E. Brown Bear Meridian, ID 83646 C. Applicant: Ron and Melissa Smith 523 E. Brown Bear Meridian, ID 83646 PAGE 2 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. 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: February 24, 2017 C. Radius notices mailed to properties within 300 feet on: February 16, 2017 D. Applicant posted notice on site by: March 3, 2017 VI. LAND USE A. Existing Land Use(s) and Zoning: The property is developed with a single family detached home, zoned R-8 (medium density residential). B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by existing residential properties, zoned R-8. C. History of Previous Actions:  In 1993, the property was annexed and zoned R-8 and preliminary platted as part of Fothergille Heights Subdivision.  In 1999, the property was granted an accessory use permit (AUP 99-007) for a family daycare for up to 6 children at any one time. D. Utilities: 1. Public Works: a. Location of sewer: Currently connected from E. Brown Bear b. Location of water: Currently connected from E. Brown Bear 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 E. Brown Bear. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Plan for and encourage services like healthcare, daycare, grocery stores, and recreational PAGE 3 areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed daycare group in within a large residential subdivision. This use will be within walking distance of a large number of residences. The applicant is currently operating a family daycare at this address under the above mentioned accessory use permit. The current daycare allows up to 6 children. This application would allow for up to 12 children at one time. For the above-stated reasons, staff is of the opinion the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. 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-2 lists the permitted, accessory, conditional, and prohibited uses in the R-8 zoning district. The proposed daycare facility is classified as a daycare group and is a conditional use in the R-8 zoning district, subject to specific use standards set forth in UDC 11-4-3-9. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district apply to this site. D. Off-Street Parking: Per UDC Table 11-3C-6 the applicant is required to provide two (2) stalls in a garage and two (2) on a driveway. Per the specific use standards, additional parking is also required in accord with UDC 11-3C-6. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional Use Permit: The request is for a conditional use permit to operate of a 1,549 square foot daycare group for up to 12 children in an R-8 zoning district. The UDC allows for up to 6 children in a “daycare family” with an accessory use permit in the R-8 zoning district. To allow up to 12 children in a “daycare group”, the R-8 zoning district requires a conditional use permit. One of the main reasons for this distinction is the increased number of vehicle trips for the “daycare group.” 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 pave the 3 stalls as shown on the site plan attached in Exhibit A.2. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-9, Daycare Facility. A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group: 1. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the determining factor. PAGE 4 The applicant is proposing to care for up to 12 children and therefore is classified as a daycare group. 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. The applicant proposes to provide three (3) parking stall to accommodate drop off and pick up of children. The increase of children from 6 to 12 will increase the number of trips to and from the home and therefore the UDC requires additional off-street parking. 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. See Conditions of Approval in Exhibit B. 4. Upon tentative approval of the application by the director or commission for a daycare center facility, the applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to issuance of occupancy. The applicant or owner shall comply with all state of Idaho and department of health and welfare requirements for daycare facilities. The applicant will comply with this standard. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard may be modified through approval of a conditional use permit. The applicant will comply with this standard. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive. The applicant will comply with this standard. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6') nonscalable fences to secure against exit/entry by small children and to screen abutting properties. The outdoor play area is enclosed with a six-foot non-scalable fence. With submittal of the certificate of zoning compliance application, the applicant shall provide details of the 6 foot non-scalable fence. Certificate of Zoning Compliance: Due to the fact that the proposed daycare center use is within an existing building and no site or exterior building modifications are proposed a Certificate of Zoning Compliance application will not be required to commence the proposed use on this site. All interior modifications (tenant improvements) associated with the daycare center use must receive all required permits and inspections from the Building Division of the Community Development Department prior to operation of the daycare center. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. PAGE 5 NOTE: The City has adopted a local amendment to the international building code (IBC) that does not require a change in occupancy of the home if it is to operate as a daycare facilities for twelve or fewer children. Because the occupancy of the home is not changing from residential to non-residential, the parking for non-residential uses doesn’t apply. However, staff has concerns with the limited parking on the site and is recommending that the applicant pave the gravel area on the east side the driveway in accord with UDC standards. standards. The applicant anticipates that the arrival of the children will be staggered so that the provided parking both on the driveway and the additional off-street stall will be sufficient . X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map & Aerial Map 2. Site/Landscape Plan (April 28, 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 6 Exhibit A.1: Vicinity/Zoning Map & Aerial Map PAGE 7 Exhibit A.2: Site/Landscape Plan (dated: April 28, 2008) & Floor Plan PAGE 8 PAGE 9 Exhibit A.3: Building Elevation (photo) PAGE 10 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall pave the current gravel parking space in order to use it as one of the three required spaces. 1.2 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. 1.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-9 for daycare facilities. 1.4 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. 1.5 The applicant shall have a maximum of 24 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 11-5B-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. 1.6 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.7 The number of children watched on the property shall not exceed 12 children at any one time. 1.8 Prior to allowing greater than six children on the property, the applicant shall receive certificate of zoning compliance approval to ensure the property complies with the UDC. 1.9 With submittal of the certificate of zoning compliance application, the applicant shall provide detail of the 6 foot non-scalable fence. 2. PUBLIC WORKS DEPARTMENT 2.1 Public works has no issues with this application 3. FIRE DEPARTMENT 3.1 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. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. SANITARY SERVICES 5.1 Republic Services did not provide comments on this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACHD has no site specific conditions of approval for this application at this time. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. PAGE 11 PAGE 12 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 MDR. Further, staff finds the proposed use of the site is consistent with the Comprehensive Plan in that the proposed daycare group 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 operation of the proposed daycare group 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. 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.