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HomeMy WebLinkAboutStaff Comments f CITY HALL MAYOR Tammy de Weercl (208) B88-4433 -Fax 887A813 L'[TY OF PUBLIC WORKS CITY COUNCIL MEMBERS 1 - ~~ BUILDING DEPARTMENT Keith Bird Pj'1 /N~~n ~' (208) 887-221 L -Fax 898-955] William L.M. Nary Shaun Wardle Charles M. Rountree v aVL IDAHO ~'~~, ~i f ~ LEGAL DEPARTMENT (208) 466-9272 -FAX 466-0405 MEMORANDUM: R~nGE ~~~ To: Mayor and City Council APR 0 2 2004 From: Craig Hood, Associate City Planner ~~ City Of Meridian City Clerk Office Subject: Miscellaneous Application for a Temporary Childcare Center • Request for Temporary Approval to Operate a Childcare Center for up to Forty (40) Children in a C-G Zone, at 220 East Fairview Avenue, by Tara Gorton. (File No. MI-04-001) Staff has reviewed the above referenced submittal and offer the following comments. For the reasons listed herein, staff is recommending denial of the subject application. APPLICATION SUMMARY The applicant, Tara Gorton, has submitted a Miscellaneous Application (MI) requesting temporary approval to operate a childcare center for up to forty (40) children. The subject application is being processed while the applicant waits for Conditional Use Permit (CUP) approval. The property is located on the north side of Fairview Avenue, approximately 500 feet east of Main Street. The site is currently zoned C-G. A childcare center in the C-G zone requires CUP approval (MCC 11-8-1). Historically the City has not processed applications for temporary uses. Current Meridian City Code states that uses that are not specifically listed in the table of uses require Conditional Use Permit approval. The current Code does not list `temporary" uses. In this case, it is not the childcare use that is not listed, it is the nature or the duration of the use that is not listed. On March 9, 2004, the City Council discussed this issue and agreed to allow the applicant to submit a miscellaneous application for a temporary use while the CUP is being processed for a permanent facility. There are multiple buildings on the site currently. Approxirnately 1,500 square-feet of the primary building, which is currently vacant, is designated for the childcare center. Out of the same building there is an existing automotive repair/service business that is operating without CZC or CUP approval (NOTE: staff is currently working with the automotive repair/service 1 business owner to determine the appropriate application (CUP or CZC) to legitimize the business). There is a trailer on the backside of the building, as well as one service bay in the subject building, that the property owner is trying to lease to what would be the third and fourth users on the site. The parking layout proposed by the applicant does not meet Meridian City Code for location or design. Parking for the existing, proposed, and future uses need to be designated and appropriately striped (see Standards for Conditional Uses "A" below). The Fire Marshall has conducted a site visit and has concerns with the current and proposed configuration of the site and the temporary use of a childcare facility (see Standards for Conditional Uses and Agency Comments and Conditions below). Because there are no required findings for amiscellaneous/temporary use application, staff is using the established CUP standards as the basis for a recommendation. Staff has also included an analysis of the considerations related to fire protection and general safety and welfare. LOCATION The subject property is located on the north side of Fairview Avenue, approximately 500 feet east of Main Street, in Section 6, Township 3 North, Range 1 East. North: Automobile Repair Shop/Trailer/Five Mile Creek, zoned C-G & Trailer Park, zoned R-8 South: Fairview Avenue/Commercial Businesses, zoned R-8 East: Drive-thru Restaurant, zoned C-G West: Commercial Tire Business, zoned C-G CURRENT OWNERS OF RECORD Tim Palmer is the current owner of the subject property and he has submitted an affidavit of legal interest to allow the application to be submitted on the subject property. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall fmd evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Meridian City Code 11-13-1 requires a new use to provide parking and/or loading facilities in accordance with Title l l .One parking space is required for every 10 children, plus 1 space is required per employee for a daycare center (MCC 11-13-5). Currently there are two (possibly three), un-striped pazking stalls on the south side of the building. There are vehicles currently being stored/pazked on the north side of the site as well. 2 The applicant has not shown a parking plan that adequately accommodates the use. The proposed site plan shows parking for seven vehicles. However, the location of the proposed parking (on the east side of the building) blocks the fire lane and should not be approved as submitted. Staff finds that the subject property maybe large enough to accommodate the requested use and the required pazking, however, it is not currently designed to do that. Meridian City Code 12-13-10-4 requires a 25-foot wide landscape buffer adjacent to arterial streets. Further, MCC 12-13-10-6 requires the planting of at least one tree within the street buffer for every 351ineal feet of frontage. This site has approximately 100-feet of frontage on Fairview Avenue. Between the Fairview Avenue sidewalk and the pazking on the south side of the building, there is currently a 6-foot wide landscape buffer with some existing shrubs, no trees. With the Conditional Use Permit application submitted for the childcaze center, the applicant has asked for Alternative Compliance for the required landscaping adjacent to Fairview Avenue. Staff can further address the landscape proposal through the Conditional Use Permit process. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The Comprehensive Plan Land Use Map designates the property as "Commercial". In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve azea 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. Staff finds the following Goals, Objecfives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): "Permit new .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The subject site is currently serviced by the City of Meridian's sanitary sewer and water systems. If the issues outlined by the Meridian Fire Department and Meridian Police Department are complied with (see below), staff believes this site can be provided with applicable urban services. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is proposing to install some additional landscaping (2 new trees) adjacent to Fairview Avenue, and internal landscaping (sod) on the north and east side of the building. Staff is not supportive of the landscape proposal adjacent to Fairview Avenue. Staff has asked the applicant to provide more detail regarding the requested Alternative Compliance for landscaping along Fairview Avenue. The landscaping requirement adjacent to Fairview Avenue can. be further addressed by staff through the Conditional Use Permit process. • "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas." (Chapter V, Goal I, Objective A, Action item 11) The applicant has not proposed a plan to improve and/or protect the Five Mile Creep which courses through the north side of this site. In addition to the lack of a proposal for enhancement and protection of the Five Mile Creek, staff has safety concerns with the close proximity of the proposed childcare facility to the Five Mile Creek, and the absence of a fencing plan for the creek. 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; When analyzing compatibility between uses, staff not only looks at the impact a proposed development may have on the surrounding properties and uses, but the impact that the surrounding uses may have on the proposed development. In this case, negative aspects maybe reciprocal between the proposed use and the existing uses. The Institute of Transportation Engineers Trip Generation Manual estimates that for every child at the daycare facility, 4.57 vehicle trips per day will be generated. Although the daily vehicle trips to/from this site may not be as high as other developments in the area, it will contribute to the congestion on nearby roadways (Fairview Avenue). Staff has received a letter from the commercial tire business to the west, stating concerns with increased traffic and a lack of on-site parking for the proposed use. Due to the existing uses in the neighborhood, and site constraints that make the design and conversion of the building into a daycare difficult, this location may not be appropriate for a daycare facility. It is often difficult to find an ideal location for a daycare center. Residents often oppose daycares, and commercial businesses often have concems about having children in close proximity to their business, but childcare facilities are a very valuable resource. Therefore, site design is critical for finding a successful location. Staff recommends that the Council rely upon public testimony, staff's analysis, and other agency comments when determining if the proposed use is compatible with other uses in the area and if the use will adversely change 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; Please see above finding. Staff recommends that the Council rely upon public testimony, staff's analysis, and other agency comments when determining if the proposed use is 4 compatible with other uses in the area and if the use will adversely affect other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; On Mazch 26, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property (see detailed comments and conditions from these agencies at the end of this report). The Meridian Fire Department, the Meridian Police Department, and Sanitary Services Company, have submitted lists of conditions and needs in order to adequately serve the project. The Fire Deparhnent has raised concerns over the current configuration of the building and the lack of conformance to the state Fire Marshall's requirements for childcare facilities. Because the proximity of the main entrance is so close to Fairview Avenue, security measures to keep kids from escaping from the building and running in the street (or into the currently unfenced Five Mile Creek) must be installed. Also, a secondary means of access from the building must be provided. There aze several egress doors from the building. However, the way that the building is set up, in relation to the play area to the east, the potential emergency access doors on the east side of the building pen people in the fenced area and does not provide them an access to a public way. If the play azea to the east is not fully enclosed, then children must walls past the hazardous materials that are currently being stored adjacent to the building on their way to a public way. The potential emergency access door on the south side of the building may work, but it must meet sepazation and other design requirements from the front door. Further, there is a fire hydrant near Fairview Avenue that is currently obstructed by some shrubs on this site. If the hydrant were necessary to fight a fire, it would take a fire fighter several minutes to dig out the hydrant and hook up a hose. These issues, and the other site design problems related to the general health, safety and welfaze should be remedied prior to operation of a daycare facility in the subject building. Water and sanitary sewer service currently exist to the site. Staff finds that the proposed development can be adequately served by the essential public facilities and services listed above, if improvements aze made by the applicant in accordance with existing policies, ordinances and the international building and fire codes (see Agency Comments and Conditions below). F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the installation of any required utilities necessary to serve the project. The Meridian Fire and Police Departments currently provide service to the site. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise from vehicles coming to and going from this site will increase; staff does not believe that the amount of traffic and noise generated will be detrimental to the general welfare of the public. Staff finds that the proposed use should not be detrimental to neighboring properties because the use will not generate excessive traffic, noise, smoke, fumes, glare or odors. However, the activities of the surrounding uses may cause detrimental effects to the children that will be attending the daycare. Cun•ently there are hazardous materials being stored on this site (oil, gas, other flammable materials); there is a drive-thru window adjacent to the designated outside play area; there are commercial businesses that generate smoke, fumes, and have activities that involve processes and materials that may be hazardous to children; and the main entrance to the building is approximately 25-feet from Fairview Avenue, an arterial street carrying in excess of 25,000 cars per day. 13. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; As of the print deadline for this report, staff has not seen any response from ACHD. Although sharing one driveway with the commercial tire business to the west would be ideal, Meridian Planning Department staff does not believe that the existing driveway location, and the use of the driveway by pazents picking up and dropping off children, will interfere with traffic There are two other issues related to vehicular approaches and interference with traffic that staff would like to identify however. The first issue is the lack of emergency vehicular access to the site. There is currently no designated tumazound on-site for emergency vehicles. Often times there are cazs pazked in the back part of the subject site. If a fire truck, garbage truck or other large vehicle enters the site it would be difficult for them to turnaround without backing into Fairview Avenue. Further, there is a gate on the property that, when closed, blocks of the back half of the site. This situation is not conducive to emergency, garbage, delivery, or other vehicles that need to utilize the northern portion of the site to turnaround to exit onto Fairview Avenue. The second issue is the applicant's desire to have a school bus stop on Fairview Avenue for the children. Although school busses may stop on arterial roads elsewhere in the City, staff does not believe that it is a good idea to block a lane on Fairview Avenue adjacent to the site to drop off or pick up children. Adding another bus stop on Fairview Avenue will only make the traffic situafion worse and will interfere with the traffic flow. However, if a bus stop is not provided adjacent to the building, then children are forced 6 to walk alongside a 5-lane arterial roadway. Neither option appears to provide a safe route for the children at the daycare to be bussed to and from the site. I. 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 fmds that the Five Mile Lateral is a significant natural feature that should be protected through standard stormwater and run-off management practices. Staff is not aware of any other natural or scenic feature(s) of major importance in the area that may be affected by the issuance of this temporary use. AGENCY COMMENTS AND CONDITIONS Meridian Fire Department 1. The roadway to the back side of this site shall be a designated fire lane. Any roadway or fire lane greater than 150' in length that is not provided with an outlet shall be required to have an approved turnazound. 2. The existing fire hydrant near Fairview Avenue is cun•ently buried in shrubs (southeast corner of the site). The applicant shall be required to remove any obstructions within 10' of the fire hydrant outlets. 3. Prior to occupancy, the applicant shall pass the state Fire Marshall's requirements for daycaze centers. 4. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4%z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant mazkers shall be provided per Public Works specifications. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. £ Fire hydrants shall not have any vertical obstructions to outlets within 10'. 6. All entrance and internal roads shall have a fuming radius of 28' inside and 48' outside radius. 7. Provide a 20' wide fire lane for all internal & external roadways. 8. Maintain a separation of 5' from the building to the dumpster enclosure. 9. All processes & storage practices shall be required to comply with the International Fire Code. This shall apply to the site as a whole. 10. All portions of a building located on this site must be within 150' of a paved fire lane. 7 11. Provide exterior egress lighting as required by the International Building & Fire Codes. Meridian Police Department 1. In order to facilitate fire and police protection, the applicant shall work with the Police Chief and/or the Fire Marshall to provide patrol capabilities and/or access for emergency vehicles. 2. Prior to occupancy, the applicant shall submit a parking plan for all off-street pazking for the development to the Planning and Zoning Department. All parking spaces shall be assigned for the each specific use (i.e., visitor, employee, business name, etc.). Sanitary Service Company 1. Overhead Cleazance: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 13 ft. clearance for service vehicle height, including power and telecommunication lines. This requirement increases to 22 ft. clearance at container service locations. 2. Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site p]an that has drive-on capability for 6 and 8 cubic yazd. Containers. Allow a minimum of 60 ft. frontal clearance for such containers. 3. Waste enclosure locations: There is a concern that the enclosures aze not located to minimize service vehicle backing-up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to issuance of the certificate of zoning compliance. 4. Enclosure Numbers and or capacity: There is a concern that you have not provided enough enclosures to meet waste generation points and volumes that may be generated by the proposed development. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to issuance of the certificate of zoning compliance. 5. Turning Radius: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 50 ft. fuming radius. 6. Waste enclosure Pad: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a concrete pad inside of all enclosures. 7. Waste enclosure aprons: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has an 8 ft. concrete apron in front of all waste enclosures greater than 6 and 8 cubic yards. 8. Waste enclosure gate locks: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has gate locks for both open and closed positions. 9. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 10 ft. cleazance inside of the enclosure gates with the gates in the open position. 8 10. Waste enclosure bumpers or stops: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has bumpers or stops inside of the enclosure to prevent the container from damaging enclosure walls and gates. 11. Waste enclosure user access: When possible, design the enclosure with an easy pedestrian access point other than the front gates. This will insure less mess in the enclosure as well as reduce gate damage. 12. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. RECOMMENDATION Because of the existing emergency services inadequacies and the other public health-safety issues raised in this report, staff recommends denial of the request to operate a temporary childcare center at 220 E. Fairview.