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Hammer Daycare CUP H-2018-0060 CUPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C f1E NDIAN In the Matter of the Request for Conditional Use Permit for Hammer Group Daycare, Located at 2208 N. Linder Rd. in the R-4 Zoning District, by Darla Hammer. Case No(s). H-2018-0060 For the Planning & Zoning Commission Hearing Date of. July 19, 2018 (Findings on August 2, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 19, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 19, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 19, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 19, 2018, 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 April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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 Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0060 Page 1 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of July 19, 2018, 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 § I I - SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of July 19, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-513-61'.1. 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 signed by the City Engineer within this two (2) year period in accord with UDC 11 -5B -6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.17.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may 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 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a 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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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 July 19, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0060 Page 2 By action of the Planning & Zoning Commission at its regular meeting held on the 2 AjAnLje5, 2018. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN COMMISSIONER STEVEN YEARSLEY COMMISSIONER GREGORY WILSON COMMISSIONER LISA HOLLAND COMMISSIONER WILLIAM CASSINELLI COMMISSIONER JESSICA PERREAULT Attest: ay Cres, City Clerk c 1f w- EYDIAN _ IOAMO SEAL Chairman day of VOTED VOTED VOTED VOTED._�� VOTED VOTED \ Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department, the Public Works Department and the City Attorney. By: Dated: Ag"Iz-I zvi� Ntytlerk'f ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0060 Page 3 EXHIBIT A Hammer 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. The Meridian Planning and Zoning Commission heard this item on July 19, 2018. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Darla Hammer ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. None d. Key Commission Changes to Staff Recommendation: i. None 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.) EXHIBIT A Hammer Daycare – CUP H-2018-0060 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, 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 EXHIBIT A Hammer Daycare – CUP H-2018-0060 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. 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. EXHIBIT A Hammer Daycare – CUP H-2018-0060 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. 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 EXHIBIT A Hammer Daycare – CUP H-2018-0060 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 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 EXHIBIT A Hammer Daycare – CUP H-2018-0060 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 EXHIBIT A Hammer Daycare – CUP H-2018-0060 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Hammer Daycare – CUP H-2018-0060 Exhibit A.2: Aerial Map & Floor Plan EXHIBIT A Hammer Daycare – CUP H-2018-0060 Exhibit A.3: Building Elevation & Rear Yard Fence Photos EXHIBIT A Hammer Daycare – CUP H-2018-0060 EXHIBIT A Hammer Daycare – CUP H-2018-0060 EXHIBIT A 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 EXHIBIT A 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. EXHIBIT A 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. The Commission 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 a nd in accord with the requirements of this Title. The Commission 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. The Commission 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. The Commission 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. The Commission 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. EXHIBIT A 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. The applicant will 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 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. The Commission recognizes that traffic will likely increase with the approval of a daycare group 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. 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. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. 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.