Staff ReportChanges to Agenda: None
Item #4A: Leap Ahead Daycare (CUP -14-008)
Application(s):
➢ Conditional Use Permit
Size of property, existing zoning, and location: This site consists of .211 acres of land, is currently zoned C -G, and is located at
227 E. Fairview Avenue.
Adjacent Land Use & Zoning: This site has commercial uses to the north, east, and west, and multi -family to the south.
History: In 2001, the property was rezoned from the R-8 zoning district to the C -G zoning district (ordinance # 01-921). In 2002, a
certificate of zoning compliance was approved for the construction of a 1,500 square foot retail/office building (Tranquility Ponds).
Comprehensive Plan FLUM Designation: This property is designated "Commercial' on the Comprehensive Plan Future Land Use
Map. This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail,
wholesale, service and office uses, multi -family residential, as well as appropriate public uses such as government offices. Within this
land use category, specific zones may be created to focus commercial activities unique to their location. These zones may include
neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone.
Summary of Request: The applicant, Nathan Kramer, has applied for a conditional use permit (CUP) for a daycare center for up to 40
children in a C -G zoning district for Leap Ahead Daycare.
Written Testimony: None
Staff 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.
Notes
STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
July 17, 2014
Planning & Zoning Commission
Kristy Vigil, Assistant City Planner
208-884-5533
CUP -14-008 — Leap Ahead Daycare
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
E IDIAN---
1DAHO
The applicant, Nathan Kramer, has applied for a conditional use permit (CUP) for a daycare center
for up to 40 children in a C -G zoning district for Leap Ahead Daycare. See Section IXAnalysis 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 CUP -14-
008 as presented in the staff report for the hearing date of July 17, 2014, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP -14-008
as presented during the hearing on July 17, 2014, for the following reasons: (You should state specific
reasons for denial and what the applicant could do to gain your approval with another application.)
Continuance
I move to continue File Number CUP -14-008 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:
The subject property is located at 227 E. Fairview Avenue, in the NW 1/4 of Section 7, Township
3 North, Range 1 East
B. Owner(s):
Holly Stauskas
1008 Lake Street
Huntington Beach, California 92648
C. Applicant:
Nathan Kramer
227 E. Fairview Avenue
Meridian, Idaho 83642
Leap Ahead Daycare CUP -14-008 PAGE 1
D. 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 30, 2014 and July 14, 2014
C. Radius notices mailed to properties within 300 feet on: June 18, 2014
D. Applicant posted notice on site by: June 26, 2014
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property is commercial in nature and is in the C -G
zoning district.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site has commercial
uses to the north, east, and west, and multi -family to the south.
C. History of Previous Actions: In 2001, the property was rezoned from the R-8 zoning district to
the C -G zoning district (ordinance # 01-921). In 2002, a certificate of zoning compliance was
approved for the construction of a 1,500 square foot retail/office building (Tranquility Ponds).
D. Utilities:
1. Public Works:
a. Location of sewer: The building is existing; it's already connected to City services.
b. Location of water: The building is existing; it's already connected to City services.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no canals or ditches on this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site is not within a flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. This
designation will provide a full range of commercial and retail to serve area residents and visitors.
Uses may include retail, wholesale, service and office uses, multi -family residential, as well as
appropriate public uses such as government offices. Within this land use category, specific zones may
be created to focus commercial activities unique to their location. These zones may include
neighborhood commercial uses focusing on specialized service for residential areas adjacent to that
zone.
The proposed use of the site is a daycare center. The proposed use in the UDC as a daycare center
requires conditional use permit approval in the C -G zoning district.
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
Leap Ahead Daycare CUP -14-008 PAGE 2
areas to be built within walking distance of residential dwellings." (2.01.01C)
There are several existing residential dwelling units located to the south of the proposed
daycare center.
• "Require all commercial and industrial businesses to install and maintain landscaping."
(2.01.03B)
There is an existing landscaped street buffer on this site along E. Fairview Avenue and NE
3rd Street in accord with UDC Table 11-2B-3.
• "Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection." (3.04.02A)
There is adequate water supply and pressure available to the site for fire protection.
• "Plan for a variety of commercial and retail opportunities within the Area of City Impact."
(3.05.01J)
The proposed daycare center site is located near restaurants, retail stores, vehicle repair,
and professional service uses. The proposed daycare center will provide a variety to the uses
in the area.
For the above -stated reasons, 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: 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
districts are designated which differ in the size and scale of commercial structures accommodated
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) 11-213-2 lists the permitted, accessory,
conditional, and prohibited uses in the C -G zoning district. The proposed daycare center is listed
as a conditional use in the C -G district. The specific use standards listed in UDC 11-4-3-9 apply
to the proposed use.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-213-3 for the C -G
zoning district apply to development of this site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant requests approval to operate a daycare center in a 1,500 square foot building in the
C -G zoning district. The center will offer classes five days a week for children under the age of
five. Morning classes will be offered from 8:45 — 11:45 am and afternoon classes will be offered
from 12:45 — 3:45 pm. Each class will have room for up to 20 children (see application narrative
for more information).
The proposed use is classified as "daycare center" in the UDC which requires conditional use
approval in the C -G zoning district. No exterior modifications to the building are proposed.
Site Plan: A site plan is included in Exhibit B that was approved with the original Certificate of
Zoning Compliance for the structure. No changes to the site are proposed.
Access: Access is provided to the site via NE 3rd Street. No new accesses are proposed.
Leap Ahead Daycare CUP -14-008 PAGE 3
Parking: Based on the overall square footage of the building (1,500 square feet), a minimum of 3
parking spaces are required to be provided for the entire building. A total of 8 parking stalls exist
on the site in compliance with UDC requirements.
Landscaping: A landscaped street buffer exists along E. Fairview Avenue and along NE 3rd
Street. Parking lot landscaping also exists within the site.
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 is proposing to care for up to 40 children and therefore is classified as a
daycare center.
2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe
discharge and pick up of clients.
The site has eight existing parking stalls on site and additional on street parking along NE 3"d
Street to ensure safe discharge and pick up of clients. Because of the ages of the children, the
model of the daycare is for parents to walk children into the facility as opposed to parents
dropping off the children at the facility.
3. The decision making body shall specify the maximum number of allowable clients and
hours of operation as conditions of approval.
See Conditions of Approval in Exhibit B.
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 issuance of occupancy. The applicant or owner shall comply with all state
of Idaho and department of health and welfare requirements for daycare facilities.
The applicant will comply with this standard.
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 proposes hours of operation between 8 am — 5 pm and is not requesting
extended hours. See Conditions of Approval in Exhibit B.
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 will comply with this standard.
B. Additional standards for daycare facilities that serve children:
Leap Ahead Daycare CUP -14-008 PAGE 4
1. All outdoor play areas shall be completely enclosed by minimum six foot (6) nonscalable
fences to secure against exit/entry by small children and to screen abutting properties.
The outdoor play area is enclosed with a six-foot nonscalable wrought iron fence. Screening
to the abuttingproperty to the south is provided by the building. Screening to the abutting
property to the west is provided by dense landscaping. Screening is not required to E.
Fairview Avenue and to NE 3rd Street.
Hours of Operation: The proposed hours of operation are from 8:00 am to 5:00 pm five days a
week. UDC 11 -2B -3A.4 restricts hours of operation in the C -G zoning district from 6:00 am to
11:00 pm when the property abuts a residential use or district. Extended hours may be requested
with a conditional use permit. Because the applicant is not proposing to operate the daycare
center out of the restricted hours, an extension is not necessary with this conditional use permit
application.
Certificate of Zoning Compliance: Due to the fact that the proposed daycare center use is
within an existing building and no site or exterior building modifications are proposed a
Certificate of Zoning Compliance application will not be required to commence the proposed use
on this site. All interior modifications (tenant improvements) associated with the daycare center
use must receive all required permits and inspections from the Building Division of the
Community Development Department prior to operation of the daycare center.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity & Aerial Map
2. Site/Landscape Plan
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
7. Parks Department
C. Required Findings from Unified Development Code
Leap Ahead Daycare CUP -14-008 PAGE 5
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Leap Ahead Daycare CUP -14-008 PAGE 6
Exhibit A.2: Site/Landscape Plan
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Leap Ahead Daycare CUP -14-008 PAGE 7
Leap Ahead Daycare CUP -14-008 PAGE 8
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with the specific use standards in UDC 11-4-3-9.
1.2 The number of children shall not exceed 20 children in the morning session and 20 children in the
afternoon session.
1.3 The hours of operation for the proposed daycare center are limited to 8 am — 5 pm.
1.4 The applicant shall comply with all previous conditions of approval associated with this site.
1.5 The Applicant shall have a maximum of two (2) years to commence the use as permitted in
accord with the conditions of approval listed above. If the use has not begun within two (2) years
of approval, a new conditional use permit must be obtained prior to operation or a time extension
must be requested in accord with UDC 11 -5B -6F.
1.6 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.7 The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building Official
has issued a Certificate of Occupancy.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments on this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns with this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no concerns with this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACRD has no comments on this application.
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
Leap Ahead Daycare CUP -14-008 PAGE 9
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 the
dimensional & development regulations of the C -G zoning 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 and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of commercial for this site.
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 use should be compatible with other uses in the general neighborhood.
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.
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. Staff finds that the proposed use will be served adequately
by all of the public facilities and services listed above.
E 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 finds the proposed use will not be detrimental to any persons, property or the general
welfare of the area.
Leap Ahead Daycare CUP -14-008 PAGE 10
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. Further, 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.
Leap Ahead Daycare CUP -14-008 PAGE 8