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PZ - Staff ReportMy First Steps Daycare – CUP H-2017-0054 STAFF REPORT Hearing Date: May 18, 2017 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate City Planner 208-884-5533 SUBJECT: My First Steps Daycare – H-2017-0054 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Darya Krautsova, has applied for a conditional use permit (CUP) for a group daycare for up to 12 children in the R-8 zoning district on 0.15 of an acre property. 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- 0054 as presented in the staff report for the hearing date of May 18, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2017-0054 as presented during the hearing on May 18, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0054 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: 3545 S. Pompei Ave., in the NE ¼ of Section 30, Township 3N., Range 1E. (Parcel: R8560220630) B. Applicant(s): Darya Krautsova 3545 W. Pompei Ave. Meridian, ID 83642 C. Owner(s): Dallan Taylor 756 Silvermoon Ln. Eagle, ID 83616 My First Steps Daycare – CUP H-2017-0054 D. Representative: Same as Applicant 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: April 28, 2017 C. Radius notices mailed to properties within 300 feet on: April 20, 2017 D. Applicant posted notice on site by: May 1, 2017 VI. LAND USE A. Existing Land Use(s) and Zoning: The property is developed with a single family detached home, zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by existing residential properties and vacant/undeveloped land, zoned R-8. C. History of Previous Actions: This property is platted as Lot 3, Block 11, Tuscany Village Subdivision No. 2. D. Utilities: 1. Public Works: a. Location of sewer: Currently connected from S. Pompei Avenue. b. Location of water: Currently connected from S. Pompei Avenue. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: None 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 exists via S. Pompei Avenue. 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 areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed daycare group is within a large residential subdivision, Tuscany Village My First Steps Daycare – CUP H-2017-0054 Subdivision. This use will be within walking distance of a large number of residences and provide a much needed service to residents. For the above-stated reason, 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: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. 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 group daycare 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 a minimum of 4 parking spaces; at least 2 in an enclosed garage, other spaces may be enclosed or a minimum of 10’ x 20’ parking pad. In addition to the parking requirements for the dwelling, on-site (i.e. off- street) vehicle pick-up, parking and turnaround areas are required to be provided for the daycare facility to ensure safe discharge and pick up of clients. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional Use Permit: The applicant requests a conditional use permit to operate a group daycare facility for up to 12 children, ages 6 weeks to 6 years old, in a 1,731 square foot home in an R-8 zoning district as required by UDC Table 11-2A-2. The UDC allows for up to 6 children in a family daycare with an accessory use permit in the R-8 zoning district; up to12 children are allowed in a group daycare but required conditional use permit approval in the R-8 zoning district. One of the main reasons for this requirement is the increased number of vehicle trips for the group daycare. 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. The applicant proposes to care for up to 12 children at any one time and therefore is classified as a group daycare. 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. The home has a three car garage and also has a concrete parking pad in front of the garage that will accommodate up to three parked cars which provide a safe discharge and pick up area for children. My First Steps Daycare – CUP H-2017-0054 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. A maximum number of 12 children are allowed to be cared for at one time, including the operator’s children. The proposed hours of operation are from 6:30 am to 6:30 pm. However, the specific use standards allow the facility to operate between the hours of 6:00 am to 11:00 pm, unless otherwise restricted by the Commission. 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 the issuance of a Certificate of Zoning Compliance. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. The applicant has submitted a copy of her background check dated March 4, 2016 which is valid for 3 years; it states that states no disqualifying crimes or relevant records were revealed. The Fire Department conducted an inspection on April 5, 2017 and certified that the facility meets the required Fire Code standards. 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 only proposes to operate the facility between the hours of 6:30 am and 6:30 pm; at no time should the hours extend beyond 6:00 am to 11:00 pm. 6. Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-6C of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property. This standard is not applicable to this application. However, the applicant previously obtained an accessory use permit for a family daycare and complied. 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 shall not provide care for more than 12 children, including the applicant’s own children, at any one time. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6') non- scalable fences to secure against exit/entry by small children and to screen abutting properties. The play area in the rear yard is enclosed with a six-foot non-scalable vinyl fence (see photos in Exhibit A.3). Certificate of Zoning Compliance (CZC): A CZC application is typically required to be submitted to the Planning Division for staff level review and approval of the proposed use as set forth in UDC 11-5B-1B after the conditional use permit is approved by the Commission to ensure the applicant complies with the aforementioned specific use standards. However, because staff has already determined that the applicant is in compliance with those standards, a CZC is not My First Steps Daycare – CUP H-2017-0054 required to be submitted. Once the findings are approved for the subject CUP application, the applicant is allowed to commence the approved use. 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. Because the arrival of the children will likely be staggered, the provided parking in front of the garage should be sufficient. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Aerial Map & Floor Plan 3. Building Elevation& Rear Yard Fence Photos 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 My First Steps Daycare – CUP H-2017-0054 Exhibit A.1: Vicinity/Zoning Map My First Steps Daycare – CUP H-2017-0054 Exhibit A.2: Aerial Map & Floor Plan My First Steps Daycare – CUP H-2017-0054 Exhibit A.3: Building Elevation & Rear Yard Fence Photos My First Steps Daycare – CUP H-2017-0054 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall continue to comply with the specific use standards listed in UDC 11-4-3-9, Daycare Facility, including but not limited to, the following: a. The maximum number of children at the facility at one time, including the operator’s children, shall be twelve (12). b. Onsite vehicle pick-up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. c. The business hours of operation of the group daycare facility shall not exceed the hours between 6:00 am and 11:00 pm. d. Outdoor play areas shall not be used after dusk. e. Outdoor play equipment over 6 feet in height shall not be located in a front yard or within any required yard (i.e. setback area adjacent to property lines). 1.2 The conditional use permit shall be valid for a maximum period of 2 years 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. Upon written request and filing by the applicant prior to the termination of the period, a time extension may be requested as set forth in UDC 11-5B-6. 1.3 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 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. The Fire Department conducted an inspection on April 5, 2017 and the facility passed inspection. 4. POLICE DEPARTMENT 4.1 The Police Department had no comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services did not provide comments on this application. 6. PARKS DEPARTMENT 6.1 The Parks Department had no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 ACHD has no site specific conditions of approval for this application at this time. My First Steps Daycare – CUP H-2017-0054 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 and is listed as a conditional use in UDC Table 11-2A-2 in the R-8 zoning district. 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 uses and educational 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 provided to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD in Exhibit B. 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. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 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.