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HomeMy WebLinkAboutMay 15, 2008 C/C MinutesMeridian Planning & Zoning May 15, 2008 Page 3 of 18 Moe: We are just moving right along here. The next item on the agenda, then, will be to open the continued Public Hearing of AZ 08-004 for Overland Village and continue it to the regularly scheduled meeting of June 5th, 2008. Can I get a motion -- Rohm: So moved. O'Brien: Second. Marshall: Second. Moe: It's been moved and seconded to continue AZ 08-001 for Overland Village to the regularly scheduled meeting of June 5th, 2008. All those in favor say aye. Opposed same sign? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: Now, before I do open the next hearing, there are some folks in the audience that I don't think I have seen here, so, basically, I just kind of want to give you a-- just a brief explanation of what will happen tonight and we will go from there. I will open the hearing, at which time the staff will give a brief overview of the item, at which time, then, after staff has made their presentation the applicant will be asked to come forward. The applicant will have 15 minutes to, basically, explain their project and discuss whatever the staff had come up with as well and answer some questions of Commission if they are asked at that time. After that, if there are sign-ups in the back, if you have signed up and want to speak, anyone in the audience, will be allowed three minutes to come forward and ask questions at that and express their concerns as well. After all the folks that have signed up have come forward, I will ask, once again, if there is anyone else in the audience that would like to speak and you will also, then, get your three minutes to speak as well. After that is done, then, the applicant will be asked to come back up again and, basically, answer any questions that came up through that process and rebut anything there. After that point, then, we will make decisions at that time. Item 5: Continued Public Hearing from May 1, 2008: RZ 08-001 Request to Rezone 0.32 acres from R-4 to O-T zone for Trinity Assisted Living by Elisha Ricky -1353 W. 1 St Street: Item 6: Continued Public Hearing from May 1, 2008: CUP 08-005 Request for Conditional Use Permit to operate a 24-hour Nursing Care Facility in a proposed O-T zoning district and conditional use approval for a site and building that does not meet the criteria of the Downtown Meridian Design Guidelines for Trinity Assisted Living by Elisha Ricky - 1353 W. 1St Street: Moe: So, having said that now, we will, then, open the continued Public Hearing for AZ 08-001 and CUP 08-005 for Trinity Assisted Living and have the staff report, please. Meridian Planning & Zoning May 15, 2008 Page 4 of 18 Parsons: Thank you, Mr. Chairman, Members of the Commission, the application before you tonight are a rezone of 0.32 acres from R-4, low density residential, to Old Town -- OT, Old Town zoning district, and Conditional Use Permit approval for two UDC requirements. One to operate a 24 hour nursing care facility in a proposed Old Town zoning district and, two, to construct a new 2,100 square foot addition to the existing residence that does not meet the downtown Meridian guidelines. The applicant is requesting a rezone because nursing care facilities are not a permitted use in the R-4 zoning district. If you look up at the zoning map, the site is located at 1353 West 5th Street. As you can see there, all the residents surrounding the property are zoned R-4. The aerial view of the site shows the existing residents as proposed to be expanded as part of the project. I know it's kind of tough to see there, but this house currently sits right back there along the rear property boundary. Because the property is located -- oh. Excuse me. The applicant is proposing a new 2,100 square foot addition. The square footage of the facility will be approximately 4,300 square feet. The existing building is currently operating as an eight person residential care facility and the owner is proposing to expand her business to operate as a 16 patient nursing care facility. Because this property is located in the Old Town zoning district, all new structures are required to comply with design guidelines per the downtown Meridian guidelines. Because the site and proposed building does not comply -- excuse me. Staff has included that analysis in Section 10 of the staff report detailing which guidelines the applicant does and does not comply with. In addition, the UDC requires .5 spaces per dwelling unit for nursing and residential care facilities. On the submitted site and landscape plan before you the applicant has complied with the parking requirements of the UDC and has provided eight parking stalls. So, up here -- here is the landscaping site plan for the site. Here are the eight parking stalls that are currently there, but they are just proposing to stripe them and bring it into conformance with the current code. They are also proposing to add those planter islands at the end of those parking stalls as well. However, the applicant is proposing perma bark as the primary ground cover along the north side of the property. The use of perma bark as the only ground cover is prohibited by the UDC. The submitted site and landscape plan shows perma bark to be used along the east and north side of the building. The applicant is proposing trees and shrubs along the east side of this site. However, shrubs are proposed along the north side of the foundation of the 2,100 square foot addition. Staff has conditioned the applicant with the following requirements. One. Provide additional trees and additional plantings touching at 70 percent of maturity or plant four additional trees and replace the perma bark along the northern boundary with lawn. Furthermore, staff believes that additional trees, one every 35 linear feet, should be planted along the west and south to provide additional screening for the residents along those boundaries. So, to sum that up, right now this is what the applicant's proposing to show on the land. This is perma bark located here with the trees and the shrubs, as I mentioned. Here is the foundation plantings that I referenced. And, then, this location here is primarily just perma bark. No additional plantings or anything else. So, what I have done is either they add some trees and shrubs there touching at 70 percent of maturity or they can just plant four trees, put in some lawn, and we can call it good and comply with that condition. Also, with the specific standards of nursing and residential care facilities, it states that they should provide a buffer -- like if they are going to house any Alzheimer's patients or Meridian Planning & Zoning May 15, 2008 Page 5 of 18 dementia patients, they should have some kind of six feet screening to keep those people on the -- contain them on the property. Right now the site is currently surrounded -- has an existing chain link fence with slats along around it. The applicant is proposing to remove the front portion of the chain link fence and put up a four foot vinyl fence and that's why I have these -- kind of these references here to kind of try to explain what I have done, is in the staff report condition them to add six foot vinyl here along this portion and this portion, so that in the future they -- if they want to have those kind of patients on the facility, they will be in compliance with the UDC. Building elevations for the proposed building were submitted with this application. Exterior materials are proposed to be masonite siding and architectural shingles to match the existing structure on the site. Because the submitted elevations do not comply with the majority of the downtown Meridian guidelines, the project is subject to CUP approval. Staff believes the applicant should add additional architectural features to the east facing elevation. Staff has conditioned the applicant to increase the three window sizes to a three by three and add brick and stone accents along the entire east facade of the building. So, basically, this is the street facing elevation that I'm referencing. I'd ask the applicant -- or conditioned it in the staff report that they increase these window sizes and add some kind of brick and stone accent along that front facade, too, to add to the varying building materials as specified in the downtown Meridian guidelines. Staff is recommending approval of the subject rezone and CUP for Trinity Assisted Living, with conditions listed in Exhibit B. This concludes my presentation and I stand for questions the Commission may have regarding the project. Moe: Any questions of staff at this time? O'Brien: I have one question, Mr. Chairman. Moe: Mr.O'Brien. O'Brien: Bill, on the parking out front, what is the length of those parking spaces currently? Parsons: Mr. Chairman, Commissioner O'Brien, those stalls are to UDC requirements, which are nine by 19. O'Brien: Nineteen? And how wide is the street there? As I understand it, it might be a -- you're requesting them to put signs up against in front to -- Parsons: That is correct. O'Brien: -- beware? Is that good enough? I don't know. Parson: The reason why I asked for the signage in the staff report is because they will be backing across the sidewalk and I want to make sure those persons that come to visit those patients are aware that there are pedestrians behind them, so make -- just be cautious. Meridian Planning & Zoning May 15, 2008 Page 6 of 18 O'Brien: Has there been a traffic study at all done on that, on the amount of traffic for both pedestrian and vehicles? Parsons: I do not believe so. Nothing -- ACHD didn't have any comments on the project. O'Brien: Has the police department reviewed this, then, I assume? Parsons: Yes, they have. I'd have to look at their staff report to see what they had required. I believe they had no comment on the application as well. O'Brien: All right. Thanks. That's all I had. Moe: Any other questions? Okay. Would the applicant like to come forward? When you come up, state your name and address, please. McCleary: Doug McCleary. I am representing Trinity Assisted Living. I'm with Chesapeake Construction, 14469 Big Horn Drive, Nampa, Idaho. Moe: Okay. McCleary: We are proposing, as staff -- as staff has mentioned, a 2,100 square foot addition to the assisted living center currently right now. This building will be constructed with stick construction, with masonite siding and the roof will match the existing. We are -- we going to understand and comply with what the staff has recommended additionally for approval of the rezone and the CUP. Moe: All conditions of the staff report you're in agreement with? McCleary: Yes. Yes. We will understand and comply with all of those -- all of those recommendations. Moe: Okay. McCleary: So, there was -- there was one mention with the -- with the garbage disposal and I had talked with Doug and we had confirmed on the site drawing we show totes, but we will be putting in a three yard dumpster to comply with that requirement from the Sanitation Department. We won't need to change the site drawing, because the enclosure will fit the -- will fit the dumpster just fine, so -- other than just -- just building this facility, I feel as a representative of Trinity Assisted Living that this is a-- this is a business that is going to be in need and that the area would meet and the buildings when it is done will actually beautify that street and will -- will, hopefully, set a standard for any other improvements that may be on that street. Moe: Any other questions? Meridian Planning & Zoning May 15, 2408 Page 7 of 18 Rohm: No questions. Moe: Okay. Great. Thank you. We do have some people that have signed up. Helda? Hilda. Okay. Would you like to speak? From the audience she's been spoken for. Gale Wilde. Wilde: Good evening. I will be brief, but I am the -- Moe: Please put your name and address, please. Wilde: My name is Gale Wilde. 1319 West 1 st. I own the two duplexes just to the south of this property and I really oppose expansion of this facility in what is currently a residential neighborhood. It will really affect the window views and patio usage of my tenants in those two buildings, as well as create additional traffic in what already is a busy traffic area at times. That's my comment. Moe: Okay. Rohm: I have a question for you. Are you familiar with Old Town at all and the city's desire to incorporate that particular section of town into kind of a business district? Wilde: Not really. I just wondered what the property taxes that go to the urban renewal district go for on our property taxes, but -- Rohm: Uh-huh. Okay. All right. Thank you. Wilde: Can you answer that question? Rohm: We don't get involved in the tax side of things, but thanks. Moe: Thank you. Also signed up -- is it Dathan Cole. I did that right? Cole: You did it right. I'm proud. Moe: There you go. On the record, too. Cole: Dathan Cole. 652 East Idaho Avenue. I have lived in Meridian -- well, I have lived in Idaho pretty much all my life. Was gone for awhile, moved out here to Meridian. Been here for four years now. Work over at Lumberman's. Driving down West 1 st, saw the big sign, had no idea it was an assisted living facility. None whatsoever. Been in the area, never even realized it was there. Did a little research on it. I think it's a good idea that we have something like that in these neighborhoods. I would rather have something like this for my grandparents to go to if they needed it, than into a bigger run hospital -- than something like that. It seemed very quaint, very small. I have actually been -- I actually went in and visited the place. Yeah, it was an open door policy where Meridian Planning & Zoning May 15, 2008 Page 8 of 18 I was able to just walk in and her employees showed me around. The properties look big. The rooms -- everything seemed nice. It was just really nice. It was just really nice to see something like that in a neighborhood like that and I never knew it was anything different. That's it. I just think it's a great idea to have this so later down the road I have something better for my parents. Rohm: Thank you. Cole: Thank you. Moe: Any questions? Okay. Thank you very much. Next on the list would be John Cole. J.Cole: Mr. Commissioner, Councilmen, I am for this -- Moe: Name and address. J.Cole: Excuse me. John Cole. 614 East Idaho. Moe: Thank you. J.Cole: I am for this addition. Number one, it will be nice to have a place of this type that's not very far from my current home in case I have go into that type of home. I'll only have to move six blocks down the road. It's a very comfortable environment. Yes, it is in a residential area, but that's part of the -- I guess quaintness of it. It's not an institution like we see out on the highway at the Nampa state school. It's an assisted living home, not a nursing home. Thank you. Moe: Any questions? Thank you very much. Next on the list is Mike Smith. From the audience he's good. That is the extent of the folks that have been signed up. If there is anyone else in the audience that would like to speak, you're more than welcome. And I see none. Would the applicant like to come back forward? Okay. The applicant is -- from the audience says he's fine. Rohm: Mr. Chairman? Moe: Mr. Rohm. Rohm: I move that we close the public hearings on RZ 08-001 and CUP 08-005. O'Brien: Second. Moe: It's been moved and seconded to close the public hearings on RZ 08-001 and CUP 08-005. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Meridian Planning & Zoning May 15, 2008 Page 9 of 18 Moe: Any questions, discussion? Mr. Rohm, what's your opinion? Rohm: Well, I think that the applicant has done a good job presenting her project and, you know, there is hardly ever a project that has universal support, but I think as the community as a whole, within the Old Town district, this is exactly the type of development that we are looking for. So, to my perspective I think this is the right thing to do. Moe: Okay. Mr. Marshall, any comments? Marshall: Well, Mr. Rohm's already provided the same sentiments that I feel. I do appreciate the fact that the applicant has worked diligently with staff to try to meet the guideline as best as possible with the Old Town requirement. That's it. Moe: Thank you very much. Mr. O'Brien, any comments? O'Brien: I have to agree with previous Commissioners. The only concern I still have would be on the parking out front where you have to drive over a sidewalk and into a street that you would almost definitely have to cross the center line to straighten out to go forward and those are always a concern. So, that's why I was concerned about, you know, what -- how much traffic is on the street I don't know. It's a residential street, so I would assume it's average. I don't think it's any corridor of anything that I could see. So -- but that would be the only stickler that would hold me back from wanting to approve this. I think it is a good fit for that area. I think it meets all the criteria in the staff report and so that's all I have on that. Moe: Okay. Thank you very much requirements and the applicant is therefore, I think it's a great project. O'Brien: Mr. Chairman? Moe: Mr.O'Brien. . Just a comment. I won't belabor this. It does meet more than willing to accept the findings of staff, so, O'Brien: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council on file numbers RZ 08-001 and CUP 08-005, as presented in the staff report for the hearing date of May 15, 2008, with no modifications. Marshall: I second. Moe: It's been moved and seconded to send onto City Council approval of RZ 08-001 and CUP 08-005 for Trinity Assisted Living. All those in favor say aye. Opposed? That motion carries. Meridian Planning & Zoning May 15, 2008 Page 10 of 18 MOTION CARRIED: FOUR AYES. ONE ABSENT. O'Brien: Mr. Chairman, question. Does the CUP go to the City Council as well? Moe: I believe it will go to the City Council because of the rezone. O'Brien: Because of the rezone. Okay. Item 7: Public Hearing: CUP 08-010 Request for Conditional Use Permit to operate a church from an existing building in an I-L zoning district for Vineyard Christian Fellowship by Randy Rodes - 936 W. Taylor Street: Moe: Okay. Thank you very much. At this time I'd like to open the Public Hearing on CUP 08-010 for the Vineyards Christian Fellowship and ask the staff for their report, please. Parsons: Thank you, Mr. Chairman, Members of the Commission. The application before you tonight is a Conditional Use Permit for the operation of a church from an existing warehouse building in an I-L, light industrial, zoning district. The UDC requires CUP approval to operate a church within an I-L zoning district. The site consists of 3.8 acres and is located at 936 West Taylor Street. If you look up at the zoning map there you see that to the north you have residential, zoned R-8, and surrounding the remainder of the property is industrial uses zoned I-L. Here is an aerial view of the site. Again, there is the existing structure, a warehouse facility on the site. Again, you can see all those surrounding uses. In 2005 the site was developed as a-- with a 48,960 square foot warehouse facility, with the approval of the Yanke warehouse CZC and in 2006 a Conditional Use Permit was approved for an indoor recreational center, which is the YMCA. Staff has reviewed the submifited site plan and landscape plans for conformance with the UDC and found that the site conforms to the parking and landscape requirements of the UDC. Per UDC 11-3C-66, all industrial districts require one space for every 2,000 square feet of gross floor area. Based on the ratio of parking per square footage, staff has calculated the parking ration on the site to be one space for 275 square feet of gross floor area. However, staff has concerns with the amount of parking for this site, because the city does not have parking requirements based on the seating capacity for places of religious worship. Furthermore, the church and the YMCA will share parking for the site on Sunday afternoons. Therefore, the Commission should determine if the proposed parking is adequate for the use proposed on the site. So, if I have you look at the -- kind of explain this for you. Right now the site is developed with roughly 184 parking stalls. The applicant is proposing to lease this portion of the building, so 7,200 square feet. The remainder of it is leased by the YMCA. It's my understanding from the application that the hours of operation for the business will be primarily on Sundays from 7:30 to 2:00 p.m. 7:30 to 2:00 p.m. But the Y-- the other thing is the Y opens at noon on Sunday as well. So, we do have a little bit of overlap on the site. But I have been informed by the applicant that their services -- or at least in their narrative they say that their services should have -- should be concluded by the time that the Y opens. So, just kind of give you a caveat there. The other thing is --