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HomeMy WebLinkAboutTara Gorton MI 04-001BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04-06-04 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 CASE NO. MI-04-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF MISCELLANEOUS APPLICATION FOR A TEMPORARY U5E FOR A CHILD CARE CENTER The above entitled miscellaneous application having come on for public hearing before the City Council on Apri16, 2004, at the hour of 7:00 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 The notice of public hearing on the miscellaneous application was published for two (2) consecutive weeks prior to said public hearing scheduled for Apri16, 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-04-001) PAGE 1 OF 8 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 Apri16, 2004, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the 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 Pahner, and he has submitted an affidavit of legal 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-04-001) PAGE 2 OF 8 6. The property is presently zoned C-G. The zoning of C-G is defined within the City of Meridian Zoning and Development Ordinance Section 11-7-2. The subject property is within the city limits of the City of Meridian. 8. The entire pazcel 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 maybe 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 aze 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-04-001) PAGE 3 OF 8 permanent facility. There are multiple buildings on the site currently. Approximately 1,500 squaze 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 repair/service business that is operating without CZC or CUP approval (staff is currently working with the automotive repair/service 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 front door to Fairview Avenue due to the lack of sepazation space between the front 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-04-001) 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 azea for the site has only athree-foot fence separating the play area from 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 from, 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 shazed drive-way. 20. The proposed use has a door that connects to the service bays with the azea that is proposed for the day care, and because fire code requires athree-hour fire wall sepazation 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 front door, since the front door faces a major arterial street. There needs to be a sufficient type of alarm system to alert staff if a child opens the front 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 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 of the State of Idaho. 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: 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 CHILD CARE CENTER BY: TARA GORTON - (MI-04-001) PAGE60F8 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 azea for the site has only athree-foot fence separating the play area from 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 from, 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 repair/service Big-O Tire shop due to a shared drive-way. 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 athree-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 front door, since the front door faces a major arterial street. There needs to be a sufficient type of alarm system to alert staff if a child opens the front door. 9. The applicant has not provided sufficient information as to the compatibility of the temporary child care use in this particulaz azea. 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 REGULATORY TAHINGS 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-04-001) PAGE 7 OF 8 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe 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 maybe 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 ~7 day of 1'/~''6 2 , 2004. By ~T~`ammy de Wee ``\"„ii~i~~iiµ„~~Y, City Of dlan Attest: \\p~~,l OF MCCI~RjO~ ~''%, B . = s~~~ William G. Berg, Jr., City ler ~~ yoF~~T tst ~ ~ O `~~ ;, ,~ ^ ~ 1`,,, .. -..P Copy served upon Applicant, the and City Attorney. City Clerk partment, Public Work~,[~,~p~rtment ` \~~~~,t OF MF~~/9, l \~oozePatgT~a ,y ', Z~~~~=` .~~' l~~ - 9 ry Z:\Work\M\Meridian\Meridian 15360M\Gorton Tam MI-04001 Denial Misc Request\FFCL Ord MI-04-00(~d~E>911@C. Q~ `~~``` 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 8 OF 8