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Staff ReportItem #5: Bright Start Pre-School (CUP-10-008) Location, size of property and existing zoning: The site consists of 1.3 acres and is zoned C-G, and RUT in Ada County. The site is located at 2250 N. Meridian Road on the east side of Meridian, between Fairview & Ustick. Adjacent Land Use and Zoning: This site is surrounded by residential property, zoned R-40; a church across Meridian Road to the west, zoned L-O; and commercial (Curriculum Cottage) to the south, zoned C-C. Application: Conditional Use Permit for a daycare center in a C-G district. Application Summary: CUP approval fora 1,796 square foot pre-school facility (daycare center) serving up to 48 children per day in a C-G zoning district. The facility will serve 3 to 5 year old children with 3 separate classrooms offering several different class schedules throughout the day. Hours of Operation: Because the site adjoins a residential use on the north, the hours of operation of the daycare will be restricted to the hours between 6 am and 11 pm. Site Plan: A site plan was submitted that shows one access to the site via Meridian Road, existing structures, landscaping, parking, yard area, and proposed fenced outdoor play area. Note: The site plan includes a separate parcel of land consisting of 0.19 of an acre along the south property boundary where parking exists that is depicted on the zoning map as being zoned RUT in Ada County; however, it has a City tax code and the property owner has been paying City taxes on the property since 1998. Staff is researching this issue further with the Assessor's office to determine if an error was made in the original annexation. If there was not an error and this portion is still in the County, the applicandowner shall have one year from the date of this approval to obtain annexation and zoning approval from City Council. Landscape Plan: A landscape plan was submitted that shows existing and proposed landscaping on the site. Comprehensive Plan Designation: Mixed Use -Neighborhood Compliance with Comprehensive Plan: Yes Compliance with UDC: Yes, with the conditions in staff report. Elevations: Existing structure Outstanding Issue(s) for Commission: None Written Testimony: Colette Culp, Applicant (in agreement w/staff report) Staff Recommendation: Approval w/conditions STAFF REPORT Hearing Date: August 19, 2010 TO: Planning & Zoning Commission E IDIAN~ FROM: Sonya Watters, Associate City Planner I D A H O 208-884-5533 SUBJECT: CUP-10-008 -Bright Start Pre-School I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicants, Colette Culp and Heidi Limbach, have applied for conditional use permit (CUP) approval of apre-school (daycare center) serving up to 48 children per day in a C-G district. IL 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 D of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-10- 008 as presented in the staff report for the hearing date of August 19, 2010, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny CUP-10-008 as presented during the hearing on August 19, 2010, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-10-008 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: 2250 N. Meridian Road (Parcel No. 87039000515 & 87039000605) Located in the southwest '/ of Section 6, Township 3 North, Range 1 East B. Owner(s): Neilson Inc. P.O. Box 855 Meridian, ID 83686 C. Applicant: Colette Culp and Heidi Limbach 3924 N. Longabaugh Ave. Meridian, ID 83646 D. Representative: NA PAGE 1 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: August 2, and 16, 2010 C. Radius notices mailed to properties within 300 feet on: July 22, 2010 D. Applicant posted notice on site by: August 8, 2010 VI. LAND USE A. Existing Land Use(s): The structure on this site is currently vacant. It was previously occupied by a construction company office. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by residential property, zoned R-40; a church across Meridian Road to the west, zoned L-O; and commercial (Curriculum Cottage) to the south, zoned C-C. C. History of Previous Actions: • This property consists of portions of Lots 2 and 3, of J. E. Pfost's Subdivision, platted in 1908. The boundary of the site was adjusted through Record of Survey No. 612. • The 1.1 acre portion of this site where the existing structure is located was annexed in 1982 (Ordinance No. 414). D. Utilities: 1. Public Works: a. Location of sewer: Currently served from N Meridian Road b. Location of water: Currently served from N Meridian Road c. Issues or concerns: None E. Physical Features: Canals/Ditches Irrigation: There is a shallow ditch that runs along the southern portion of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A portion of this site lies within flood zone XS but is not within the floodplain. F. Access: Access for this site is depicted on the site plan via N. Meridian Road. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Mixed Use -Neighborhood (MU-N)" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 103), the following standards apply to MU- N areas: Up to 10 acres may be non-residential uses; up to 100,000 square feet of non-residential building area; residential densities of 3 to 8 dwelling units per acre. Sample uses include: grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, salons, daycare, professional offices, medical/dental clinics, retail/gift shops, schools, parks, churches, clubhouses, and public uses. Staff finds the proposed pre-school (daycare center) is a compatible use for this property. PAGE 2 Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property in the following manner: • Sanitary sewer and water service is provided to the property. • The lands are serviced by the Meridian Fire Department (MFD). • The lands are serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will continue to be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B (page 109) -Plan for a variety of commercial and retail opportunities within the Impact Area. Staff is of the opinion that s the proposed pre-school will contribute to the variety of educational and commercial opportunities available within the City. • Chapter VII, Goal N (page 112) -Encourage compatible uses to minimize conflicts and maximize use of land. Staff is of the opinion the proposed use of this property is compatible with surrounding residential, church, and commercial uses for the following reasons: 1) the pre-school will serve the needs of nearby residents; 2) the appearance of the structure is consistent with adjacent buildings as it is a former dwelling; and 3) its location on an arterial street will not create additional traffic which would affect other properties. • Chapter VII, Goal IV, Objective D, Action 2 (page 114) -Restrict curb cuts and access points on collectors and arterial streets. One access to the site is provided via N. Meridian Road, a minor arterial street. • Chapter VII, Goal IV, Objective D, Action 5 (page 114) -Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). A 25 foot wide landscape buffer is required to be provided along N. Meridian Road, an arterial street, as required by UDC Table 11-2B-3. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated PAGE 3 in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-21ists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed pre-school is classified as a daycare center which is a conditional use in the C-G zoning district. The proposed use shall comply with the specific use standards listed in UDC 11-4-3-9 for daycare facilities. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to this site. D. Landscaping Standards (UDC 11-3B): 1. Width of street buffer(s): 25 feet along N. Meridian Road, an arterial street 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: NA 4. Tree Preservation: NA E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 500 square feet of gross floor area in commercial districts for non-residential uses. The total square footage of the building is 1,796. Based on this amount, a total of 4 parking stalls are required. A total of 7 parking stalls are provided on the site. UDC 11-3C-6G requires one bicycle parking space be provided for every 25 proposed vehicle parking spaces or portion thereof. Based on 7 parking stalls, a minimum of 1 bicycle parking space is required in accord with the standards listed in UDC 11-3C-SC. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional Use Permit: The request is for conditional use permit approval of a 1,796 square foot pre-school facility (daycare center) for up to 48 children per day in a C-G zoning district, as required by UDC Table 11-2B-2. The facility will serve 3 to 5 year old children with three separate classrooms offering several different class schedules throughout the day. The site plan submitted by the applicant includes a separate parcel of land consisting of 0.19 of an acre along the south property boundary where the parking for the site exists that is depicted on the zoning map as being zoned RUT in Ada County; however, it has a City tax code and the property owner has been paying City taxes on the property since 1998. Staff is researching this issue further with the Assessor's office to determine if an error was made in the original annexation. If there was not an error and the 0.19 acre portion of site is still in the County, the applicant/owner shall have one year from the date of this approval to obtain annexation and zoning approval from City Council. Driveway: The paved driveway shown on the site plan is 11 feet wide. In order to accommodate traffic entering and exiting the site, staff recommends the driveway pavement be widened to 20 feet. Ditch: The ditch along the south property boundary is required to be improved as a water amenity, piped, or otherwise covered in accord with UDC 11-3A-6A. Landscaping: A 25-foot wide landscape street buffer, measured from the back of sidewalk, is required to be provided along N. Meridian Road per UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-7C. Per these standards, a minimum density of 1 tree per 35 lineal feet of street frontage is required along with vegetative groundcover; the landscape plan shall be PAGE 4 revised to reflect 6 trees and vegetative groundcover within the buffer in accord with these standards. Additionally, there is a concrete tennis court that exists at the northwest corner of the site that encroaches into the landscape street buffer along Meridian Road. Per UDC 11-3B-7C.6, impervious surfaces such as this are not allowed within the buffer. Therefore, the portion of the tennis court that encroaches within the street buffer shall be removed. The applicant may request alternative compliance to this requirement through UDC 11-SB-B. A 25-foot wide landscape buffer is required adjacent to residential uses per UDC Table 11-2B-3. Because only the southern portion of this property is proposed to be used for the daycare and there is approximately 95 feet of property that separates the outdoor play area from the adjacent residential property to the north, staff is not recommending a buffer to residential uses be provided at this time. Upon full development of this site in the future, if residential uses adjoin the site, a buffer will be required. Fencing: In accord with UDC 11-4-3-9B.1, all outdoor play areas are required to be completely enclosed by minimum 6-foot tall non-scalable fencing to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of Meridian City Code. The site plan depicts fencing around the play area. Fencing details shall be submitted with the CZC application. Specific Use Standards: There are specific use standards listed in UDC 11-4-3-9 that apply to daycare facilities that the applicant shall comply with. Staff has reviewed the application for compliance with these standards and included any outstanding issues as conditions of approval. Hours of Operation: The proposed hours of operation are between 9 am and 5 pm. Because the property adjoins a residential use on the north, UDC 11-4-3-9A.5 states the hours of operation shall be limited to between the hours of 6 am and 11 pm. Certificate of Zoning Compliance: A Certificate of Zoning Compliance is required for the change in use of the site from an office to a daycare center. The applicant will be required to submit a revised site/landscape plan that demonstrates compliance with the conditions of approval listed in Exhibit B with the Certificate of Zoning Compliance application. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map & Aerial Map 2. Site Plan (dated: July 15, 2010) 3. Landscape Plan (dated: July 15, 2010) 4. Building Elevations (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 PAGES Parks Department C. Required Findings from Unified Development Code PAGE 6 Exhibit A.1: Vicinity/Zoning Map & Aerial Map PAGE? Exhibit A.2: Site Plan (dated: July 15, 2010) 4y~ - `~.f3 ~''la .~'o~t~ T '~, }~~y W~¢~ ~klRllf LvYe R yIX~ ^@ ~(,~ if ~, ~M i~ ~;~ ~- t ~. ~ ~ `. a "i ~°'~ ~~± ~ (. ~, ~~ ~, a _ _ ~ ~ = ., ^ v / ~~ -i4 ' ~ ~ .. ~~ ~ ~~ ~ ~ ,~~'~' { ~~ :.~~~ N ~~. ~~~ -,~ ,~ i ~ ., o- I!{' 1 r . ~ r~~f ~ ~~ 1 ~~. cI rr- ~_- 1 {y~1d `~ ~ ~u~y 1S, ,Zoi~ ~ ,~ ~ ~~, ~~~. . ' qf~ ii~~ Y~~~~ ~~ ~W.~ ~~ A, a r $~qc b6a ,Mer~1~~ , ~daba ~3~'~ irr•-»~a arr~ a38s PAGE 8 Exhibit A.3: Landscape Plan (dated: July 15, 2010) c~ r.~~` .ST~~~' ~e~scho~~ Cal~t~ ~~(~ - ~ea~i ~.~h.sbacF~ ~.3.93,Y X. t o..g A Lc~ ~ t ~t ems: d:c,. i ~ ~rto -l. a #3 ~ ~; ~; d~ ry g! .F i ~t r _~ .~ ~+ 3~ ~ ~. 1~ . =~ ti.ti,.. Banc I~~ ~xrsfi~# Tc ~e.s GC~`~«:~ ~r sca ~~+~ Tiu~~y 15, ,~ato ~ ~ _ ala' ..~~.5'0 ~. /rt,;r~l~, ~~ ~~ P, a , ~~x 8 3`s ~~ra d.raK , ~~d~!-~ DSbB'a .40.736.3 .~Ii-T38a PAGE 9 Exhibit A.4: Building Elevations (Photos) W cst PAGE 10 PAGE I 1 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site and landscape plan prepared by Keith Borup, dated July 15, 2010, shall be revised as follows: a. A 25-foot wide landscape street buffer (measured from the back of sidewalk) is required along N. Meridian Road in accord with UDC Table 11-2B-3 and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. Per these standards, a total of 6 trees and vegetative groundcover are required to be provided within the buffer. b. Widen the driveway pavement to 20 feet to accommodate two-way traffic entering and exiting the site. c. The outdoor play area is required to be completely enclosed by minimum 6-foot tall non- scalable fencing to secure against exit/entry by small children and to screen abutting properties in accord with UDC 11-4-3-9B.1. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of Meridian City Code. d. The ditch along the south property boundary is required to be improved as a water amenity, piped, or otherwise covered in accord with UDC 11-3A-6A. e. The portion of the existing concrete tennis court that encroaches within the street buffer along Meridian Road shall be removed in accord with UDC 11-3B-7C.6. The applicant may request alternative compliance to this requirement through UDC 11-SB-B. 1.2 If it is determined that the 0.19 acre parcel of land along the south boundary of the site that is included on the site plan has not been annexed into the City, the applicant/owner shall obtain annexation and zoning approval from City Council within one year of the date of this approval. 1.3 Provide a minimum of 1 bicycle parking space on the site in accord with the standards listed in UDC 11-3C-SC. 1.4 A maximum number of allowable clients cared for during the day are 48 children. 1.5 The hours of operation for the proposed use shall be between 6 am and 11 pm. 1.6 The applicant shall provide proof of criminal background checks and fire inspection certificates as required by Title 39, Chapter 11, Idaho Code, in accord with UDC 11-4-3-9, prior to issuance of certificate of zoning compliance. 1.7 The applicant shall comply with the specific use standards listed in UDC 11-4-3-9 for daycare facilities. 1.8 Prior to establishment of the proposed use, the applicant shall be required to submit a Certificate of Zoning Compliance application to the Planning Department for this site. The applicant shall submit asite/landscape plan that demonstrates compliance with the conditions of approval listed herein with the Certificate of Zoning Compliance application for the proposed use. 1.9 No signs are approved with this application. The applicant shall submit a sign permit application in accord with the standards listed in UDC 11-3D for approval of any future signs on this site. 1.10 The applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a time extension shall be requested in accord with UDC 11-SB-6F prior to expiration. If a time extension is not requested or granted and the CUP expires, a new conditional use permit must be obtained prior to operation. PAGE 12 1.1 l 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 common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. Per this requirement, widen the driveway driving surface to 20 feet. 3.2 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.3 Commercial and office occupancies will require afire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 3.4 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.5 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.6 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code Section 101.2. 3.7 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. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. SANITARY SERVICES 5.1 Trash collection needs to be from a local street, not from a collector or arterial. SSC will not provide trash pick-up services from the arterial street (Meridian Road). 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACHD has no site specific conditions of approval for this application at this time due to the fact that all improvements exist abutting the site. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. PAGE 13 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-SB-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 C-G 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 MU-N. Further, staff finds the proposed use of the site is consistent with the Comprehensive Plan in that the proposed daycare center will contribute to the variety of educational and commercial opportunities available in the City. 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 proposed daycare center 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 rely upon 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 available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACRD. 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. PAGE 14 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 since the Comprehensive Plan and UDC anticipated the site to be developed with commercial uses. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed use will not be detrimental to people, property or the general welfare of the area. 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.