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PZ - Staff Report for 4-7 STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 4/7/2022 legend DATE: Jt2 � fl TO: Planning&Zoning Commission , LU FROM: Alan Tiefenbach,Associate Planner 208-884-5533 w; M SUBJECT: H-2022-0012 Amina's Daycare w LOCATION: 4175 S. Leaning Tower Ave. I. PROJECT DESCRIPTION Conditional use permit to operate a group daycare for up to 12 children on 0.14 acre of land in the R- 8 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.14 acres 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 January 20,2022,no attendees attendees: History(previous approvals) AUP A-2020-0064 to allow for family daycare of up to 6 children B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State One access from S.Leaning Tower Ave.via. S.Locust Hwy/Local)(Existing and Proposed) Grove Rd. Page 1 C. Project Area Maps Future Land Use Map Aerial Map Legend Lr— 0 Legend ( P•aject Lc+ca�r — p f _ ._z Loc: on } W lu CAS r a � r 0 e Me_ i/u/ nls + w '+7rGKrtiVOoa da w density Rlesidentilal s ux II � Zonninng,Map Planned DLelvelelop�ment Map Legend L_LJ_� . _ Legend ELtIt-..- � Fro"ec Loca=or ' � F+aj�c#Lacai�n --$ f aUJ W — PurradFO-uE= J � ee > RUT ee _- 47 fi 01 n 47 rq r fit. i n RT- 14- 11-4 F�fl l� r III. APPLICANT INFORMATION A. Applicant/Owner: Godelieve Mulonge—4175 S. Leaning Tower Ave, ID 83642 B. Representative: Same as Applicant/Owner Page 2 IV. NOTICING Planning& Zoning Posting Date Newspaper notification published 03/22/22 Radius notification mailed to property owners within 300 feet 03/21/22 Public hearing notice sign posted 3/28/2022 on site Nextdoor posting 3/21/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianciu.or /g 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:llwww.meridianciU.or /g comQplan): • "Plan for and encourage services like health care, daycare,grocery stores and recreational areas to be built within walking distance of residential dwellings."(2.01.01 C) The existing and proposed daycare expansion is within walking distance of adjacent residential homes. C. Existing Structures/Site Improvements: There is an existing home and associated improvements on this property. D. Proposed Use Analysis: The applicant is presently operating under an approved accessory use permit to run a family daycare(6 or less children,AUP 2020-0064).A group daycare(7-12 children)is listed in UDC Table 11-2A-2 as a conditional use in the R-8 zoning district.The applicant states the daycare will operate from 6:30 AM to 7 PM on weekdays with outdoor playtime limited to one hour after 9AM and one hour after 1 PM. 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, which is allowed as an accessory use in the R-8 zoning district), but wants to expand the use to allow up to 12 children. 2. On site vehicle pick up,parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. Page 3 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. Staff has received several letters from adjacent property owners stating there has been parking, traffic and safety issues from the existing daycare. Staff visited the site in the afternoon on a weekday. At that time, staff only observed two cars in front of the house and no other cars parked on the public street. Pictures have been included as part of the exhibit. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. The Applicant proposes an in-home group daycare for up to 12 children. The applicant proposes to operate between 6:30 AM 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. hi 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 between 6:30 AM and 7:00 PM 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 6:30 AM to 7:00 PM. Outdoor play will occur one hour after 9"and one hour after IPM. F. Dimensional Standards (UDC 11-2): Not Applicable G. Access(UDC 11-3A-3, 11-3H-4): Access is provided from S. Leaning Tower Ave.via S. Locust Grove Rd.According to the applicant,they generally pick up and deliver the children,although occasionally it would be the individual parent or guardian doing this. According to letters provided by residents,there are Page 4 ongoing traffic,parking and safety issues associated with the daycare.As mentioned above, staff did not observe these issues during a site visit. 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 three(3) garage spaces and a 30 ft. x 20 ft.parking pad exist which exceeds UDC standards. On-street parking is also available(see exhibit in Section VILA). As mentioned above, citizens have commented there are ongoing parking issues associated with the existing daycare. I. Building Elevations(UDC 11-3A-19 I 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. Page 5 VII. EXHIBITS A. Site Plan(dated: 2/18/2022) Ada County Assessor '{ 10.9' Main Level 1185.6 sf Second Floor 1551 .2 sf m - Garage ir 2.4 sf w 22.2 . 4; Porch 15.8 sf � 12+i t d 7' R6117160340 Page 6 W ` -- 4 I a a - s s t ►rin4w h i r � 4 1]cCr Page 7 t?` li b. i Page 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 6:30 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:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=254157&dbid=0&repo=MeridianC C. NMID https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=255745&dbid=0&repo=MeridianC hty 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-8 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 in-home 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 9 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. This is a small in-home day-care in which the single-family home is the primary residence of the applicant. Staff finds the operation of the proposed in-home daycare 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 in-home daycare 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. Page 10