HomeMy WebLinkAboutGorton, Tara MI-04-001
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
/~-~
IN THE MATTER OF THE REQUEST)
FOR MISCELLANEOUS )
APPLICATION FOR A TEMPORARY)
USE FOR A CHILD CARE CENTER)
FOR APPROXIMATELY 40 )
CHILDREN WHILE WAITING FOR A )
CONDITIONAL USE PERMIT )
)
)
)
)
TARA GORTON,
APPLICANT
C/C 04-06-04
CASE NO. MI-04-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND ORDER
OF DENIAL OF MISCELLANEOUS
APPLICATION FOR A TEMPORARY
USE FOR A CHILD CARE CENTER
The above entitled miscellaneous application having come on for public hearing before
the City Council on April 6, 2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33
East Idaho, Meridian, Idaho, and Anna Powell Planning and Zoning Director for the Planning
and Zoning Department, Joe Silva Deputy Chief Fire Prevention for the Meridian Fire
Department, and Tara Gorton, appeared and testified, and the City Council having duly
considered the evidence and the record in this matter therefore makes the following Findings of
Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1.
The notice of public hearing on the miscellaneous application was published for
two (2) consecutive weeks prior to said public hearing scheduled for April 6, 2004, before the
City Council, the first publication appearing and written notice having been mailed to property
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL FOR A MISCELLANEOUS
APPLICATION FOR TEMPORARY USE FOR A CHILD CARE
CENTER BY: TARA GORTON - (MI-04-00l)
PAGE 1 OF8
owners or purchasers of record within three hundred (300') feet of the external boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with the notice
of public hearing having been posted upon the property under consideration more than one week
before said hearing; and that copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly considered
by the City Council at the April 6, 2004, public hearing; and the applicant, affected property
owners, and govemment subdivisions providing services within the planning jurisdiction ofthe
City of Meridian, having been given full opportunity to express comments and submit evidence.
2.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the
City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all
current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the
Impact Area Boundary.
4.
The property is located at 220 East Fairview Avenue, Meridian, Idaho. The
property is designated in the Comprehensive Plan as "Commercial."
5.
The owner of record of the subject property is Tim Palmer, and he has submitted
an affidavit oflegal interest to allow the application to be submitted on the subject property. The
applicant is Tara Gorton.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL FOR A MISCELLANEOUS
APPLICATION FOR TEMPORARY USE FOR A CHILD CARE
CENTER BY: TARA GORTON - (MI-O4-00I)
PAGE 2 OF 8
6.
The property is presently zoned CoG. The zoning of CoG is defined within the
City of Meridian Zoning and Development Ordinance Section 11-7-2.
7.
The subject property is within the city limits of the City of Meridian.
8.
The entire parcel is included within the Meridian Urban Service Planning Area as
defined in the Meridian Comprehensive Plan.
9.
The applicant proposes to use the subject property in the following manner: To
use this miscellaneous application for approval to operate a temporary child care center for up to
forty (4) children while the applicant waits for Conditional Use Permit approval, as a CUP
approval is required in the C-G zone.
10.
The Five Mile Lateral is a significant natural feature that should be protected
through standard stormwater and run-off management practices. There appears to be no other
natural or scenic feature( s) of major importance in the area that may be affected by the issuance
of this temporary use.
11.
The City Council recognizes the concerns of Ken Roetto expressed in his letter
dated March 29,2004.
12.
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 child care 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL FOR A MISCELLANEOUS
APPLICATION FOR TEMPORARY USE FOR A CHILD CARE
CENTER BY: TARA GORTON - (MI-O4-00l)
PAGE 3 OF 8
permanent facility.
There are multiple buildings on the site currently. Approximately 1,500 square feet of
the primary building, which is currently vacant, is designated for the child care center. Out of
the same building there is an existing automotive repairlservice business that is operating without
CZC or CUP approval (staff is currently working with the automotive repairlservice 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 the MCC for location or design. Parking
for the existing, proposed, and future uses need to be designated and appropriately striped. 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, and concern over the
present fire wall.
13.
The proposed project does pose several safety concern issues, with one primary
concern being over the proximity of the ITont door to Fairview Avenue due to the lack of
separation space between the ITont door and the major arterial street, Fairview Avenue.
14.
The proposed project will not provide sufficient clearance to get emergency
vehicles, (garbage trucks, or any vehicle), between the parked vehicles and/or emergency
vehicles due to the inadequate clearance on the property once the parking has been striped on the
asphalt.
15.
The proposed site does not designate a turnaround area at the rear of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL FOR A MISCELLANEOUS
APPLICATION FOR TEMPORARY USE FOR A CHILD CARE
CENTER BY: TARA GORTON - (MI-O4-00l)
PAGE 4 OF 8
16.
The secondary fire exit for the property would create a safety issue for children
that would need to use the gate for an exit in an emergency due to the large amount of equipment
in close vicinity to the gate.
17.
The proposed play area for the site has only a three-foot fence separating the play
area ITom Burger King's drive-through access, and thus this is not acceptable to keep children
safe for any drive-through traffic.
18.
Presently, there is no fence to keep children away ITom, or out of, the irrigation
ditch which is located at the north end of the property.
19.
The temporary child care use proposed for this property by the applicant is
incompatible with the surrounding automotive repair/service Big-O Tire shop due to a shared
drive-way.
20.
The proposed use has a door that connects to the service bays with the area that is
proposed for the day care, and because fire code requires a three-hour fire wall separation
between the two different uses, the present wall does not meet the IFC standards.
21.
The proposed site lacks some type of alarm system that would sound if a child
opened the ITont door, since the ITont door faces a major arterial street. There needs to be a
sufficient type of alarm system to alert staff if a child opens the ITont door.
22.
The applicant has not provided sufficient information as to the compatibility of
the temporary child care use in this particular area.
23.
It is not in the best interests of the City of Meridian to approve the miscellaneous
application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL FOR A MISCELLANEOUS
APPLICATION FOR TEMPORARY USE FOR A CHILD CARE
CENTER BY; TARA GORTON - (MI-04-001)
PAGE 5 OF 8
CONCLUSIONS OF LAW
1.
The City of Meridian may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2.
The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No.
02-382.
3.
The City's authority to make and enforce ordinances are confined to within the
City's boundaries as provided in Article XII § 2 of the Constitution ofthe State ofIdaho.
4.
The City Council's authority to make and enforce the Meridian City Code as
provided for in Meridian City Code Section 12-3-5.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order
and this does order that the Council does hereby deny the miscellaneous application because of
the existing emergency services inadequacies and other public health-safety issues, and
specifically as addressed in the following reasons:
I. The proposed project will not provide sufficient clearance to get emergency vehicles,
(garbage trucks, or any vehicle), between the parked vehicles and/or emergency
vehicles due to the inadequate clearance on the property once the parking has been
striped on the asphalt.
2. The proposed site does not designate a turnaround area at the rear of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL FOR A MISCELLANEOUS
APPLICATION FOR TEMPORARY USE FOR A CffiLD CARE
CENTER BY: TARA GORTON - (MI-O4-00l)
PAGE 6 OF 8
3. The secondary fire exit for the property would create a safety issue for children that
would need to use the gate for an exit in an emergency due to the large amount of
equipment in close vicinity to the gate.
4. The proposed play area for the site has only a three-foot fence separating the play
area ITom Burger King's drive-through access, and thus this is not acceptable to keep
children safe for any drive-through traffic.
5. Presently, there is no fence to keep children away ITom, or out of, the irrigation ditch
which is located at the north end of the property.
6. The temporary child care use proposed for this property by the applicant is
incompatible with the surrounding automotive repairlservice Big-O Tire shop due to a
shared drive-way.
7. The proposed use has a door that connects to the service bays with the area that is
proposed for the day care, and because fire code requires a three-hour fire wall
separation between the two different uses, the present wall does not meet the IFC
standards.
8. The proposed site lacks some type of alarm system that would sound if a child opened
the ITont door, since the ITont door faces a major arterial street. There needs to be a
sufficient type of alarm system to alert staff if a child opens the ITont door.
9. The applicant has not provided sufficient information as to the compatibility of the
temporary child care use in this particular area.
10. It is not in the best interests of the City of Meridian to approve the miscellaneous
application.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULA TORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL FOR A MISCELLANEOUS
APPLICATION FOR TEMPORARY USE FOR A CHILD CARE
CENTER BY: TARA GORTON - (MI-O4-00l)
PAGE 7 OF 8
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the 27f}day of
/1rk/¿
,2004.
ByJ4L~,~
City Clerk
Attest:
Dated:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL FOR A MISCELLANEOUS
APPLICATION FOR TEMPORARY USE FOR A CHILD CARE
CENTER BY: TARA GORTON - (MI-O4-00l)
PAGE 8 OF 8