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PZ - Staff Report 3-17 Page 1 HEARING DATE: 3/17/2022 TO: Planning & Zoning Commission FROM: Alan Tiefenbach, Associate Planner 208-884-5533 SUBJECT: H-2022-0002 Faissy's Daycare LOCATION: 1322 E Grand Canyon St, Meridian I. PROJECT DESCRIPTION Conditional use permit for a group daycare for 7 to 12 children on 0.17 acres of land in the R-4 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.17 Future Land Use Designation Medium Density Residential Existing Land Use(s) SFR home Proposed Land Use(s) SFR home with group daycare Neighborhood meeting date; # of attendees: December, 27 2021, no attendees History (previous approvals) AUP-2021-0002 B. Community Metrics Description Details Page Ada County Highway District • Staff report (yes/no) No • Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One access via E. Grand Canyon St., local street STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant/Owner: Faissy Kwizera – 1322 E Grand Canyon St.., Meridian, ID 83646 B. Representative: Same as Applicant/Owner Future Land Use Map Aerial Map Zoning Map Planned Development Map Page 3 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper notification published 02/25/2022 Radius notification mailed to property owners within 300 feet 02/28/2022 Public hearing notice sign posted on site 3/7/2022 Nextdoor posting 02/28/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) MDR (Medium Density Residential) – This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): • “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The existing and proposed daycare expansion is within walking distance of adjacent residential homes. The owner is currently operating a daycare and watching up to six (6) children. C. Existing Structures/Site Improvements: There is an existing home and associated improvements on this property. D. Proposed Use Analysis: A group daycare (for 7-12 children) is listed in UDC Table 11-2A-2 as a conditional use in the R- 4 zoning district. The applicant states the daycare will operate from 7AM to 7PM on weekdays with outdoor playtime limited to one hour after 9AM and one hour after 1PM. E. Specific Use Standards (UDC 11-4-3): The specific use standards listed in UDC 11-4-3-9, Daycare Facility, applicable to the proposed use are as follows: 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’s narrative states the plan is to have up to 12 children. The applicant is already operating a family daycare (6 children or less), but because they recently had a baby this brings them from a family daycare to a group daycare. (A family daycare is allowed as an accessory use in the R-4 zoning district.) 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. Page 4 The applicant states they presently provide and will continue to provide the transportation for the children. However, the subject house does have a parking pad which is approximately 30 feet wide which could provide an additional parking space for pick up or drop off. Parking spaces are also available along the curb in front of the house if needed. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. The Applicant proposes a group daycare for up to 12 children, with 7 children being the anticipated number. The applicant proposes to operate between 7AM to 7PM. 4. 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 certificate of occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. This has been listed as a condition of approval. 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. As mentioned above, the Applicant presently operates the family daycare 7AM and 7PM on weekdays and this is not proposed to change. 6. 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 outdoor play area will be in the backyard, which is surrounded by a 6 ft. tall fence. 7. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. All outdoor play activities will occur in a fenced backyard. 8. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. As mentioned, the daycare will operate from 7AM to 7PM. Outdoor play will occur one hour after 9AM and one hour after 1PM. F. Dimensional Standards (UDC 11-2): Not Applicable G. Access (UDC 11-3A-3, 11-3H-4): Access is provided via E. Grand Canyon St, a local road. The applicant has stated they presently pick up and deliver all clients, and this will continue. H. Parking (UDC 11-3C): Parking exists on the site in accord with the standards listed in UDC Table 11-3C-6 for a 4- bedroom single-family dwelling. A total of 2 garage spaces and a 30 ft. wide parking pad outside the garage can accommodate 5 spaces exists on the site. On-street parking is also available (see exhibit in Section VII.A). Page 5 I. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): A photo of the existing home on this property is included in Section VIII.C; no additions are proposed with this application. VI. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions in Section VIII per the Findings in Section IX. VII. EXHIBITS A. Site Plan (dated: 3/7/2022) Page 6 B. Building Elevation Page 7 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning 1. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-9 Daycare Facilities, including but not limited to the following: a. 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. b. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. c. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. 2. The maximum number of allowable clients at the facility at one time shall be limited to twelve (12). 3. The daycare/pre-school shall not operate beyond the hours of 7:00 am to 7:00 pm on weekdays. 4. The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code prior to issuance of Certificate of Occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. B. Ada County Highway District (ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=252183&dbid=0&repo=MeridianC ity C. NMID https://weblink.meridiancity.org/WebLink/DocView.aspx?id=252435&dbid=0&repo=MeridianC ity IX. FINDINGS A. Conditional Use Permit The Commission shall base its determination on the conditional use permit request upon the following: 1. 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 the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the R-4 zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff finds the proposed group daycare will be harmonious with the Comprehensive Plan in that it will provide a much-needed service for area residents within walking distance of homes within the neighborhood. Page 8 3. 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 the operation of the proposed daycare/pre-school should be compatible with the residential uses in the neighborhood and the existing and intended character of the neighborhood and not adversely affect such. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. If the proposed daycare/pre-school complies with the condition of approval in Section VII as required, Staff finds the proposed use should not adversely affect other properties in the vicinity. 5. 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. Because the site is within the City’s Area of City Impact boundary and has been annexed into the City and these services are already being provided to the existing home, Staff finds the public facilities mentioned will be provided to the proposed use as well. 6. 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. Staff finds the proposed use should not create any additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. 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 present operation picks up and delivers children, and this will remain the same. There could be occasional onsite pick up / drop off, but there is sufficient parking and staff finds it would not be detrimental to the general welfare. 8. 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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff is unaware of any natural, scenic or historic features in this area; however, finds the proposed use should not result in damage of any such features.