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HomeMy WebLinkAboutStaff CommentsMAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Sham Wardle Charles M. Romlree CITY OF ~~ - C i~eri~i~n 1L IDAHO CITY HALL (208) 888-0433 -Fax 887-0813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211-Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 -FAX 466-4405 MEMORANDUM: To: Mayor and City Council -u k,_. J~ }~j ~ ¢ , n ~~? 'i~.i~J ? ~ 20G From: Brad Hawkins-Clark, Principal City Planner ~, ?f Mt n~1-. t";lerlr(~f"_i;c. Subject: F.1 Dorado Business Campos -Request to Amend Development Agreement • Miscellaneous Application to Amend Development Agreement for El Dorado Business Campus to Include Nursing Homes and Residential Care Facilities as Permitted Uses, by W.H. Moore Company. (File No. MI-04-008) Staff has reviewed the above referenced submittal and offers the following comments. Staff is recommending approval of the subject application. APPLICATION SUMMARY The applicant, W.H. Moore Company, has submitted a Miscellaneous Application (MI) requesting modification to the recorded Development Agreemem (DA) for Bonito Subdivision (marketed and approved as "EI Dorado Business Campus"). W.H. Moore Company is proposing to amend Exhibit D (List of Use Permissions and Restrictions) of the DA, entered into as a condition of File AZ-O1-018. They are proposing to allow skilled nursing homes and residernial care facilities as permitted uses. The DA expressly prohibits nursing homes and sanitariums in either the C-C or C-G zone. The subdivision is 87.79 acres in size and is located at the southwest corner of Overland Road and Eagle Road. The subdivision is split zoned -approximately 35 acres as C-C (Community Commercial) and approximately 52 acres as C-G (General Commercial). The Development Agreemem, dated January 21, 2003, recorded on February 7, 2003 as Instrument No. 103020830, records of Ada County, Idaho. As detailed in Section 4 of the DA, uses within the development are divided into two (2) main sections -the "Ridenbaugh Section" and the "Main Section." The "Ridenbaugh Section," which MI-04-006 Page 1 is comprised of six (6) buildable lots located between the Ridenbaugh Canal and E. Copper Point Drive, is zoned C-G but is restricted to L-O (Limited Office) type uses and flex uses as the only permitted uses. All other uses listed in Exhibit D as permitted or conditional are allowed in this section only as conditional uses. While this application specifically states the nursing home / residential care facility would be located in the "Ridenbaugh Section," only amending Exhibit D would mean this use becomes a permitted use in both sections (unless otherwise specified by the City Council). The City has sent out notices of the subject request in accordance with the current standards for public hearings. There are no required findings for a miscellaneous application/development agreement modification. Staff has provided the most pertinent facts and analysis of the proposed development agreement modification. LOCATION & SURROUNDING USES The subject property is located at the southwest corner of Overland and Eagle Roads in Section 20, Township 3 North, Range 1 East. The following uses surround the subject property: North: Large rural residential, zoned R-1 (County) and RUT (County). South: Thousand Springs Subdivision, zoned R-4. East: Silverstone Corporate Center, zoned C-C and C-G. West: Transitional Waal property, zoned RUT (County). OWNER OF RECORD The property owner of record is Kimball Properties, L.P. Winston Moore, who is a registered agent for Kimball Properties, has submitted notarized consent for the subject application. STAFF ANALYSIS Prior to submitting the subject MI application, the applicant/developer met with Staffto discuss the potemial user/buyer and the most appropriate method of seeking approval for this unique land use. Staff felt that, even though nursing homes/sanitariums are permitted outright in the L- O zone and the "Ridenbaugh Section" allows L-O uses without a CUP application, the DA would need to be amended since Exhibit D expressly prohibits nursing homes. Neither the applicant nor Staff believes nursing homes were discussed during the public hearings for El Dorado's annexation or CUP. Our recollection is that the use was listed simply as a "carry over" from previous DA boilerplates. If the application is approved by City Council, both nursing homes and residential care facilities would become permitted uses within El DoradoBonito Subdivision. Staff would rely primarily upon Chapter 2 of the Zoning Ordinance ("Definitions") to detemune conformance with the DA. Below is the definition of "Nursing Home" as listed in Title 11-2-2: MI-04-006 Page 2 `Nursing Home: A private establishment that provides living quarters and care for the elderly or the chronically ill. " Section 11-Z-2 also defines "Convalescent or Nursing Home, Rest Homes" as follows: `Arty home, place or institution which operates or maintains facilities providing corrvalescent or chronic care, or both, for a period in excess of twenty four (24) consecutive hours for two (2) or more patients not related by blood or marriage to the operator, and said patients, who by reason of illness or infirmity, are unable to properly care for themselves. " "Residential care facilities," the other use proposed by W.H. Moore Co. to be permitted under the DA, is not specifically defined under Meridian City Code 11-2-2. When a use is not listed as a permitted use, that use requires a CUP application for approval unless a similar use already listed is identified. That being said, Staff does not see a significant distinction between a "nursing home" and a "residential care facility." Both terms imply assisted, 24-hour type care where health professionals are available on the premises. If the applicant's intent is to allow inde en ndent retirement living (vs. assisted living facilities), this should be clarified at the public hearing as it would be classified differently. The most significant difference between a standard lr0 use/operation and nursing homes or residential care facilities is probably the hours of operation. There will presumably be employee shift changes and some limited outdoor activities occurring after normal business hours as well as seven (7) days a week. Also, if the residents/patients have access to rear patios with lights, this could create some potential complaints from Thousand Springs property owners. The City Council may want to address this issue at the public hearing before making a final decision. Staff believes that this use, stated in the application to comply with the 35-foot maximum height restriction, is consistern with the other allowed uses in the "Ridenbaugh Section." Since this section is the more restrictive of the two azeas, it would therefore be a consistent use in the "Main Section" as well. RECOMMENDATION: Staff recommends that an amendment to the recorded Developmem Agreement for El Dorado Business Campus/Bonito Subdivision be approved, which allows nursing homes and residential care facilities as permitted uses in the development. All other dimensional, buffering, and land use control regulations in the City's Zoning and Development Ordinance would be enforced. MI-04-006 Page 3 EXHIBIT D List of Use Permissions and Restrictions Uses will be governed by the Meridian City Ordinance 11-8-1, Zoning Schedule of Use Control, as maybe amended from time. The following use may also be developed as permitted uses: Adult Day Care Animal Hospital Auction Establishment Automobile Related Business:. Repair Shop -Minor; Caz Wash and Service Station. Bank, Financial Institution Microbrewery Type Bottling and Distribution Plant Bus Station Church Clinics (Medical, Dental, Optical) Club, Lodge, Social Hall Convenience Store w/ Gasoline Services Construction Businesses: Contractors Shop; Sheet Metal Shop; Roofing Shop; Sign Painting Shop Driving Range Electrical Equipment and Products Electrical Supplies and Appliances Entertainment Centers -Indoor: Bowling Alley; Skating Rink; Arcade; Arena; Archery Entertainment Centers -Outdoor: Amusement Park, Ball Park (baseball, football, soccer); Water Pazk, Batting Cages; Go Cart Track Flex Space: Office Warehouse Mix Golf Course Greenhouses, Nurseries (already permitted) Grocery Stores Hospitals Indoor Firing Range Laboratories (Medical, Dental, Optical) Laundry, Clothes Cleaning, Pressing Business Laundry, Industrial Laundry, Self-Service Mausoleum Medical Reseazch Facilities Molded Plastic Products Mortuary Newspaper and Printing Establishment Offices Parking Lots: Commercial; Off-Site Accessory Pakking Lot; Parking Gazage/Struchue Parks and Plazas Personal Services: Barber Shop; Massage Parlor; Beauty Salon. Pharmacy Post -Secondary Educational Facilities Printing, Lithography, Publishing and Associated Reproduction, exclusive of Paper Mamxfacturing Public and Quasi-Public Uses Radio and Television Stations (except exterior communications facilities districts) Restaurant Personal Service: Barber Shop; Massage parlor; Beauty Salon Photography Studio Private Commercial Schools (Business, Art, Dance, Music, Medical/Dental Technician, Martial Arts) Retail Restaurant Sales: Building Materials; Hay; Grain; Bulk Garden Supply; Heavy Machinery Seed and Garden Supply Social Care Facilities: Missions; Food Kitchens; single Resident Occupancy Hotels Self-Service Storage Standby Generators Theater (Excluding Drive-ins) Vocational, Trade, Industrial Schools Warehouses Storage Utility Facility -- Major Utility Facility -- Minor Wholesale Business The following uses maybe allowed upon application and approval of a conditional use: Automobile Repair Shops-Major Child Care Facilities Communication Towers Drive-ins, Drive-through Establishments Missions; Food Kitchens Residential (Planned Unit Developments) Sales Lots Schools, Private (vocational, trade and industrial schools are permitted) Shelter Homes The following uses, in addition to those included in the Meridian Ordinance Section 11- 8-1 as prohibited uses in the C-C and C-G zones (unless permitted/conditional use above) are expressly prohibited. Adult Business (bookstore, theater, performance) Alcoholic Establishments )other then combined with restaurant services or hoteUmotel facilities) Boarding and Rooming House Bottling and Distribution Plant Composting Facility Halfway Houses Nursing Homes and Sanitariums Recreational Vehicle Park Truck Terminal Truck Stop Uses.