PZ - Staff ReportHammer Daycare – CUP H-2018-0060
STAFF REPORT
Hearing Date: July 19, 2018
TO: Planning & Zoning Commission
FROM: Sonya Allen, Associate City Planner
208-884-5533
SUBJECT: Hammer Daycare – H-2018-0060
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Darla Hammer, has applied for a conditional use permit (CUP) for a group daycare for
up to 12 children in the R-4 zoning district on 0.20 of an acre. NOTE: A recent UDC code amendment
was approved to allow a Group Daycare as a conditional use in the R-4 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-2018-
0060 as presented in the staff report for the hearing date of July 19, 2018, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2018-0060 as presented
during the hearing on July 19, 2018, for the following reasons: (You should state specific reasons for
denial.)
Continuance
I move to continue File Number H-2018-0060 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:
2208 N. Linder Rd., in the SW ¼ of Section 1, Township 3N., Range 1W. (Parcel: R5647200155)
B. Applicant(s)/Owner:
Darla Hammer
2208 N. Linder Rd.
Meridian, ID 83646
C. 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,
Hammer Daycare – CUP H-2018-0060
Chapter 5.
B. Newspaper notifications published on: June 29, 2018
C. Radius notices mailed to properties within 300 feet on: May 22, 2018
D. Applicant posted notice on site by: July 9, 2018
VI. LAND USE
A. Existing Land Use(s) and Zoning: The property is developed with a single family detached home,
zoned R-4.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by
existing residential properties, zoned R-4.
C. History of Previous Actions:
In March 2018, the property was granted Accessory Use Permit approval (A-2018-0081)
for an in-home daycare for up to 6 children.
D. Utilities:
1. Public Works:
a. Location of sewer: Currently connected from N. Linder Rd.
b. Location of water: Currently connected from W. Tana Dr.
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.
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 subject property is currently operating with a family daycare with an approved accessory
use permit. The applicant would like to expand the current operations to include up to 12
children consistent with the recently approved UDC text amendment.
The proposed daycare group is surrounded by residences, which makes it a good candidate
to provide services to neighboring properties.
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.
Hammer Daycare – CUP H-2018-0060
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-4 zoning district. The proposed daycare
facility is classified as a group daycare and is a conditional use in the R-4 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-4
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, in a 1,380 square foot home in an R-4 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-4
zoning district; up to12 children are allowed in a group daycare but require conditional use permit
approval in the R-4 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 in accord with UDC 11-1A-1.
2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe
discharge and pick up of clients.
The home is on the corner of N. Linder Rd. and W. Tana Dr. and has a two car
garage and a concrete parking pad in front of the garage that fronts on Linder Rd.
The garage and parking pad will accommodate parking for the owner of the
residence and will not be allowed for customer use. The dedicated discharge area is
provided along the south side of the property adjacent to W. Tana Dr. as shown in
Exhibit A.3, even though on-street parking is allowed in front of the residence and
the main driveway access is on Linder Road.
Hammer Daycare – CUP H-2018-0060
However, a portion of the customer parking is paved, a portion is recycled asphalt.
The dedicated discharge area could accommodate up to five standard parking spaces
but is currently striped with two spaces. To guarantee safe discharge and pick-up of
clients, the applicant shall stripe and dimension the parking area in accord with
UDC Table 11-3C-5. The applicant shall contact the Planning Division to inspect the
parking spaces upon completion.
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. The
proposed hours of operation are from 7:00 am to 6:00 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 shall submit a copy of her background check and complete an
inspection with the Fire Department prior to continue operating the daycare.
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 7:00 am and
6:00 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 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
Hammer Daycare – CUP H-2018-0060
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
required to be submitted. Once the findings are approved for the subject CUP application, the
applicant is allowed to commence the approved use.
Although a CZC is not required, the applicant shall be required to stripe the customer parking
area per the standards in UDC 11-3C-5. The applicant shall contact the Planning Division for an
inspection upon completion to ensure parking spaces have been installed in accord with the
dimensional requirements set forth in UDC Table 11-3C-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 does not apply. Because the arrival of the
children will likely be staggered, the provided parking along W. Tana Dr. 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 Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Republic Services Company
6. Parks Department
7. Ada County Highway District
8. Central District Health Department
9. Nampa Meridian Irrigation District
10. Idaho Transportation Department
C. Required Findings from Unified Development Code
Hammer Daycare – CUP H-2018-0060
Exhibit A.1: Vicinity/Zoning Map
Hammer Daycare – CUP H-2018-0060
Exhibit A.2: Aerial Map & Floor Plan
Hammer Daycare – CUP H-2018-0060
Exhibit A.3: Building Elevation & Rear Yard Fence Photos
Hammer Daycare – CUP H-2018-0060
Hammer Daycare – CUP H-2018-0060
Hammer Daycare – CUP H-2018-0060
B. Conditions of Approval
1. PLANNING DIVISION
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. Customers shall be required to drop children off using the
parking area on the south boundary adjacent to W. Tana Dr. to avoid congestion on Linder
Rd.
c. The hours of operation for the daycare shall not exceed the hours between 7:00 am and 6:00
pm, as proposed.
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).
f. The applicant shall submit a copy of her background check and complete an inspection
with the Fire Department prior to continuing operating the daycare.
1.2 The applicant shall stripe the customer parking area on the south boundary adjacent to W. Tana
Dr. per standards in UDC Table 11-3C-5. The applicant shall contact the Planning Division for an
inspection upon completion of the striping.
1.3 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.
1.4 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 applicant has committed to scheduling an inspection with the Fire
Department.
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
Hammer Daycare – CUP H-2018-0060
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. ACHD did note
that they do have concerns about the proposed parking locations. The stalls bordering the house to
the west along N. Linder Rd. shall be required to remain outside of public right-of-way. The
applicant has dedicated parking along the south boundary of the property along W. Tana Dr. for
customer parking to ensure traffic resulting from daycare patronage remains out of right-of-way.
8. CENTRAL DISTRICT HEALTH DEPARTMENT
8.1 CDHD will require plans be submitted for plan review for any child care center.
9. NAMPA MERIDIAN IRRIGATION DISTRICT
9.1 NMID had no comments on this application.
10. IDAHO TRANSPORTATION DEPARTMENT
10.1 ITD had no comments on this application as this project does not abut the State highway system.
Hammer Daycare – CUP H-2018-0060
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-4 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-4
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, Republic Services 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.
Hammer Daycare – CUP H-2018-0060
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 group 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.