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HomeMy WebLinkAboutJune 5, 2008 P&Z MinutesMeridian Planning 8 Zoning June 5, 2008 Page 1B of 43 parcels, and it seems that it should be proportional to all those that receive benefit from it, not just the initial applicant. And I will just leave it at that and we can go from there. Moe: Okay. Newton-Huckabay: Mr. Chair? Moe: Yes. Newton-Huckabay: Sonya, I thought that this is where the Zamzow's is. Is it right here? Am I just -- so, I'm just off one. Okay. Moe: Well, Commissioners, we have all kind of spoken our mind. What's next? Newton-Huckabay: I'm going to make a mofion. Moe: Thank you. Newton-Huckabay: And I just got to find the page to remove the building height. Rohm; Page ten. Newton-Huckabay: Okay. After considering all staff, applicant, and public testimony, I move to recornmend approval to the Gity Council of file number AZ 08-001 -- and although we are not -- we are only making an opinion on VAC 08-001 -- as presented in the staff report for the hearing date of June 5th, 2008, with the following modifications to the proposed development agreement, that Item C on page ten, stating that the storage be limited to fhree stories, will be changed to four stories, with a maximum height of 65 feet. End of motion. Marshall: Second. Rohm: It's been moved and seconded to move onto City Council approval of AZ 08-001 for Overland Village, with the changes as noted. All those in favor say aye. Opposed? Rohm: Aye. Moe: That motion carries three to one. Thank you very much. MOTION CARRIED: THREE AYES. ONE NAY. ONE ABSENT. Item 5: Continued Public Hearing from May 15, 2008: PP 08-004 Request for a Preliminary Plat with 6 residential building lots and 1 common lot in an R-8 zone on approximately 4.7 acres for Maxfield by Cottage Investors, LLC - 3295 E. Falcon Drive: Meridian Planning 8 Zoning June 5, 2008 Page 17 of 43 Item 6: Continued Public Hearing from May 15, 2008: CUP 08-008 Request for Conditional Use Permit approval consisting of Assisted Living Facilities containing 5 buildings with 15 beds in an R-8 zone for the proposed Maxfield Subdivision by Cottage Investors, LLC - 3295 E. Falcon Drive: Moe: I'd like to open fhe -- reopen the continued Public Hearing on PP 08-004 and CUP 08-008 for the Maxwell by Cottage Investors. Newton-Huckabay: Maxfield. Moe: Pardon me? Newton-Huckabay: Maxfield. Moe: Oh. Maxfield. Excuse me. And have staff give us a report. Parsons: Thank you, Mr. Chairman, Members of the Commission. Applications before you tonight are a preliminary plat consisting of seven lots on approximately 4.7 acres in an existing R-8 zone. Concurrently, fhe applicant is requesting Conditional Use Permit approval to construct and operate an assisted living development, comprised of five individual facilities, each with a potential to house up to 16 persons. In addition, the applicant is also requesting approval to construct a private street loop to provide access and circulation fihroughout the proposed development. The site is located at 3295 East Falcon Drive, just south of Eagle Road -- excuse me -- just east of Soufh Eagle Road and south of East Victory Road. The property bordered on the north by Golden Eagle Estates, zoned RUT. To the south is Dartmoor Subdivision, zoned RUT. To the west is Medford Place, zoned R-8, and Golden Estates is on -- to fihe east, also zoned R-4. Here is an aerial of the site. Currently there is an existing home on the site that's proposed to remain and be a part of the subdivision. In 2005 the City Council approved annexation and preliminary plat and Conditional Use Permit for the same use at the subject site. However, the applicant failed to submit a time extension application, record the plat, and establish a use on the site within the time limits of the UDC. The DA governing the site limits the site to five retirement homes and requires the existing home to hook up to city sewer and water with the construction of phase one. The difference between this submittal and the previous submittal is the applicant was proposing a two lot preliminary plat and is now proposing each building be on its own separate lot. The submitted plat consists of six residential lots and one common lot. Access is proposed to and from East Falcon Drive via a private street that will provide access and circulation within the proposed development. So, here is South Eagle Road. Here is East Falcon Drive. Here is where the applicant is proposing to stub to that for the assisted living facility. In addition, here is where the existing home site will be located on that lot, as I mentioned earlier. Access to this site is located here and here. ACHD doesn't really have access requirements for local roads, which this East Falcon Drive is designated that, but sta .ff feels fhat the applicant should still vacate this access here and just provide one access point to the home. The home faces west, so Meritlian Planning & Zoning June 5, 2008 Page 18 of 43 the driveway for the garage is right here, so fhe applicant would have to come in and drive -- like I said, the garage is located here and the driveway here, so this -- even though this is kind of close for what we like to see, it still makes sense to have that one in place, so that the applicant will -- can have access to that home site. Here is the landscaping plan. UDC requires a 25 foot landscape buffer here along Eagle Road and a ten foot landscape buffer along local streets. The applicant has provided that, as you can see, and is in compliance with the UDC. Also, the City of Meridian requires that pressurized irrigation systems be supplied by year round source of water. The applicant has stated in a narrative that there are insufficient surface water rights to justify the construation of a pressurized irrigation system. As previously approved, the applicant is requesting the use of city water to irrigate the landscaping for the development. The applicant should coordinate with Public Works regarding city water being used for irrigation purposes and staff had conditioned with the final plat submittal that the applicant provide proof that the property does not have sufficient surface water rights from the appropriate irrigation district. Here is the site plan. I:t's expected to develop with five 8,525 foot buildings and they are proposed to be constructed in finro phases. Phase one will be building A and B and, then, also provide services to this home site. Phase two would be C, D and E, but the plat itself will all be recorded as one phase -- in one phase according to the applicant. Amenities for the site include finro gazebos, a walking path, and approximately 18 percent of usable open space. That applicant is also in compliance wifh the parking requirements of the UDC. It's 1.5 per bed and the applicant is providing roughly 15 beds within each development, so they are required to provide 38 parking stalls and the applicant is proposing 49. Here is the amenities on the site. Here is a gazebo here. A gazebo site here. The pathway goes around the development here. Provides that connectivity and some recreation for future patrons. Nursing and residential care specific use standard in the UDC states for uses providing care to patients who suffer from Alzheimer's disease or dementia, a barrier with a minimum height of six feet along the perimeter of any portion of the site is accessible to those patients shall be provided. At this time the applicant is proposing self-sufficient facilifies and does not anticipate dementia patients to be located at the proposed facility. Staff has conditioned that 24 hour nursing care be limited to building C and D on Lots 5 and 6 of the project. If applicable, strict adherence to this requirement is required at CZC submittal for t~he proposed building. Furthermore, staff recommends the shift changes for the nursing staff should not occur between the hours of 11:00 p.m. and 7:00 a.m. to not disturb fhe residents of the surrounding neighbors -- neighborhoods. So, basically, what we have done is -- basically, this is just a retirement community. Staff didn't want to have fhe applicant come back and possibly modify the CUP at a later date, so we worked together and staff has conditioned this is where Lot 5 and 6 is located and this building C and D. The applicant is proposing a six foot fence along this boundary and, then, a split rail fence along this -- these finro boundaries. So, when we had this discussion with the applicant, they felt it was best to house -- if in the future they choose to have dementia patients on the site, they could easily gate this off and contain those patients within the site. The applicant has submitted building elevations for fhe proposed buildings. However, the siding and roofing materials are not called out on the submitted elevations. A masonry veneer is proposed along the front facade. The same veneer is also carried to the side elevation, with one side having full Meridian Planning & Zoning June 5, 2008 Page 19 of 43 treatment and fhe opposite side having partial treatment. The UDC requires buildings to be constructed of a high quality building ma#erial, such as stone, brick, wood, or other native materials. In no case shall the buildings use vinyl siding as their primary siding material. Staff has requested fhe applicant testify to what construction materials are proposed for the assisted living buildings: Staff has also conditioned that any street facing -- public street facing elevafiion have the same masonry veneer along fihe entire facade of the building. So, I will step back to the site plan. So, basically, if you look at -- well, let me go to these elevafions. If you look at the rear elevations here you will see no stone at all on that and this is where they kind of have stone on the front facade and, then, just kind of wrap around the building here. So, basically, what the staff has conditioned them to do is anywhere fhey face a public street they carry that treatment throughout fhe entire facade. So, this -- the back of this building would have a full stone treatment and fhe side of this building would also have a full stone treatment. Staff has -- one other, too. In condition 1.3.3 in the CUP conditions of approval, we didn't really tie fihe developer to any building materials for the purposes the construction of those buildings, so if the applicant states what the building is to be consfiructed, what materials they are proposing to use, I'm asking the Commission to. modify that condition to include those building materials with that condition. Staff has received an e-mail from the applicant's representative that the owner of the property is in agreement with the conditions of approval for the proposed development and didn't have any concerns, that's why we continued the project, so we could meet and find these out before we came to fhe hearing. Staff is recommending approval of the subject PP and CUP with condifions listed in Exhibit D. This concludes my presentation and I will stand for any questions the Commission may have. Moe: Any questions of staff at this time? Okay. Would the applicant like to come forward, please. Elg; Commissioners, fhank you. My name is Van Elg with the Land Group. 462 East Shore, No. 100, Eagle, Idaho, representing Mr. Maxfield this evening. We appreciate fhe opportunity to defer this for a time, so that we could discuss a couple of points that needed to be clarif.ied prior to coming to the Public Hearing. Staff did clarify that there would be 16 persons -- potentially 16 persons in these apartments -- or in these care facilities. One of the beds in each of them could be a dou6le bed for a married couple, so we just need to make sure that we were clear on that. Thank you for popping that up, Bill. Why don't you go to -- fhis is -- I just wanted to clarify a couple of things. What -- at the previous application that was approved -- Newton-Huckabay: Mr. Chairman. Mr. Elg, so you're saying a total of 16 people, potentially 32 people? Elg: No. Sixteen in each -- in each unit. Newton-Huckabay: Okay. So, not 16 double beds, just -- Meridian Planning 8 Zoning ,lune 5, 2008 Page 20 of 43 Elg: No. Sixteen -- yeah. It would be 15 beds -- if I understand it right, 15 beds, one of them could be a double bed, or I guess if they don't -- a married couple wants to have two beds, I guess they can have finro beds. I don't know how that works. Rohm: I don't either. Elg: Yeah. Newton-Huckabay: Thank you. Elg: All right. This is fihe original project that was approved back in 2005 and you will see that the -- the access point -- the house was still a part of that, I believe, in the original application in the subdivision. The access drive is still in the same -- essentially, the same location. The access drive is still here in the same location for fhe house. There was mention of a second access up here at the home. ACHD's also asked that we close that. The owner has no problem with closing that secondary access up there. It's really just used for getting access to the backyard, I guess. But it's not a-- it's not a significant stumbling point for us. The -- you can see that the -- the original application has a number of twists and turns and the buildings face Eagle in this location. Buildings face sides in fhis location. And, Bill, if you will put the next slide -- we have come up with a new design that provides a much more fluid movement fhroughout fhe project. Again, the homestead's here, with an access here. Our new drive -- or our drive in the same location comes in and loops around as a-- this will be a private lane and loops through the project providing landscaped areas here, a gazebo area structures up front here in t~he middle. Pathways that wander through the project and through -- so that the residents have a-- they are more visible where we can monitor better and a much more open feel for the entire project and traffic circulation, of course, is greatly improved with it. The other thing you will notice is that the units face in, with the exception of the Alzheimer's units right here that have a double courtyard fhat face each other and we are not saying that they will ever go Alzheimer's, but if they did it's designed to accommodate that. So -- and, then, heavier treatment -- this provides a larger open area up here for the residents to recreate and plant a garden, have a little rose garden or whatever they decide to put up through this area here. There is also another gazebo and a little courtyard area right there where they can come and sit. So, overall a much better plan, much easier to -- to manage and to move fhrough for the residents and for the -- the employees that will be there. Rohm: Before we go further, would you kind of give me an indication where the driveway to that existing home is going to -- Elg: It's right fhere. You can see the two little lines right there. Rohm: Oh. Okay. Elg: It exits right there right now. Meridian Planning 8 Zoning June 5, 2008 Page 21 of 43 Rohm: That's where it is right now and that's where it will be -- Elg: That's where it will remain. And we talked to ACHD and they have agreed with fhat -- with those driveway cuts right there, so -- Rohm: Okay. Thank you. Elg: Now, one point was made that this will be phase -- that it will be in two phases and I think we liave tried to clarify fhis with staff, too, and maybe we didn't do a good job on it, but this will -- fhe intent is that this will be phase one, A and B, and the entire plat will be done at once. He's correct. But this one could -- phase finro are these three units right here, may not occur that direction. They are individual lots and with that, this one may develop and, then, this one may develop and this one may develop. We may not build all three units at the same time. But we will provide, as we talked to Bill, all of the landscaping necessary along the perimeters here, as required in the staff report. So -- and I think the fence along the outside perimeter -- wasn't that correct, Bill? Okay. Parsons: Correct. Elg: So, that's the only correction, clarification, but I don't think the conditions tell us that we have to build it in phase one and phase two anyway, so just a clarification there. Moe: The fencing will be up as well? EIg: The fencing up as well. Correct. The type of construction, we were asked to testify on that. The application is -- or the -- our client's told us that it will be a stucco construction and he agrees with that rock treatment that comes along Falcon and along Eagle, where ever there is a facing road. Also, just for -- for grins, we are going to work with Public Works -- I'm trying to do a new treatment for this and yet to be seen if it really pans out economically, but instead of an asphalt treatment, we are looking at a-- what's called a pervious concrete, which is a-- kind of a new treatment for asphalt. It kind of looks like a rice crispy treat concrete paving surface, but allows all the water to flow freely through the -- the area and can handle about 450 inches of water, I believe. It's a pretty unique system and it's held up very well in Minnesota and Colorado where -- through some very heavy freeze-thaw cycles. So, we are considering doing something like that in this area. Just as a point of reference, two or three months ago there was one approved contractor who could do the surface. There is now 15, I think, that are certified to do that -- that concrete surface. It's kind of taken off. But, anyway, with that I'll open myself up for any questions you might have. Moe: Any questions of the applicant? Marshall: Mr. Chair, I do you have one. Rohm: Mr. Marshall. Meridian Planning & Zoning June 5, 2008 Page 22 of 43 Marshall: So, while fhese two buildings ar demand is and when we want to build the like? e built and these are waiting to see what the rest of these, what will this whole area look Elg: It will be undeveloped. Marshall: So, just an open field. Elg: Yeah. It will be open. Marshall: Uh-huh. Thank you. Moe: Okay. Thank you very much. EIg: Okay. Thank you. Hood: Mr. Chair? Moe: Garrell Maxfield. Newton-Huckabay: Caleb was trying to get your attention. Hood: Mr. Chair? Moe: Oh, I'm sorry. Hood: As Garrell comes up, I just wanted a point of clarification for the applicant, too, because due to the history of this I certainly don't want to see it die again and have to come back for a third time. The phasing plan to staff would probably be okay. Be clear, though, that each phase or each building has to be done wifhin 18 months of the previous one. So, you can't wait five years until you do building number three or some phase -- your phasing plan has to be a maximum of 18 months in befinreen. So, just be aware of fhat, so you don't get three-quarters of the way down and, then, the last building you wait 24 months and that actually dies. So, each building or each phase has to be done in 18 month successive phases or your CUP dies. So, I just wanted to -- to make you aware of that and if you need a time extension, we can certainly process a time extension. It's a lot easier fhan goin g throug h f his w hole thing again. So, just to let you know and we can talk about it more, but I did not want to .go on record and let you know that, too. Maxfield: I'm Garrell Maxfield, owner of The Cottages. Moe: Address, please. Maxfield: Pardon me? Meridian Planning 8~ Zoning Jnne 5, 2008 Page 23 of 43 Moe: Address, please. Maxfieid: My address is 1920 South Mayflower Way in Boise. And I have always wanted a subdivision named after me and here is my chance, so -- I don't know how many of you are familiar with The Cottages over on Ten Mile that's part of the Bridgetower Subdivision, but if you have seen those buildings there that's exactly what we are doing here. Our developments always look really nice and they are attractive and there is a big need, of course, for this kind of services for the elderly. All the neighbors have been very supportive. A couple of issues, of course, that we were able to address successfully. So, I'm just basically here if you had any questions about assisted living or what we do or anything like that. Neuvton-Huckabay: I have none. Moe: Any questions? Rohm: No questions. Moe: Thank you very much. Maxfield: Thank you. Moe: Well, there was no one else signed up. If the.re is anyone else that would like to speak, you're more than welcome to come up. Okay. No one there. All right. Can I get a motion to close the Public Hearing? Newton-Huckabay: Mr. Chair, I recommend we close the Public Hearing on PP 08-004 and CUP 08-008 for Maxfield Subdivision. Marshall: I second. Rohm: It has been moved and seconded to close the Public Hearing on PP 08-004 and CUP 08-008. All those in favor signify by saying aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: I'd just like to go on record, I think this is a great development. I think it's -- as a matter of fact, it's a lot better plan this time than it was the first time. I think it's -- it's a great service to the city and look focward to seeing it happen. Anyone else have any comments? Marshall: In reference to the 1.3 building materials as proposed by the developer, I believe he did mention the rock. Newton-Huckabay: And stucco. Meridian Planaing & Zoning June 5, 2008 Page 24 of 43 Marshall: Yes. Said rock and stucco. Moe: If that can be just put in a motion that would be great. Newton-Huckabay: Mr. Chair, I just want to second your comments. I think fhis development's really an improvement on the first one and you have done your homework we11, so thanks. Rohm: No addifional comments. I agree with the finro that have already spoken. Marshall: I really like it. There we go. Moe: Well, all I need is someone to make another motion. Marshall: Mr. Chair -- if I can find where I'm at here. After considering all staff, applicant, and public tesfimony, I move to recommend approval to the City Council of file numbers PP 08-004 and CUP 08-008 as presented in the staff report for the hearing date of June 5th, 2008, with the following modifications to the conditions of approval: That 1.3, the building materials proposed by the developer are to be stucco and rock. Moe: Okay. Marshall: I so move. Rohm: Second. Newton-Huckabay: Second. Moe: It's been moved and seconded to approve to go onto the City Council with approval of PP 08-004 and CUP 08-008 and with modifications as noted. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: FOUR AYES. ONE ABSENT. Moe: It has been requested fhat -- and we are going to take a ten minute break. We will be back at 8:25 -- or 8:26. (Recess.) Item 7: Public Hearing: AZ 08-006 Request for Annexation and Zoning of 0.92 of an acre from R1 to an R-2 zone for Alter Property by Denise Alter -~ 2741 E. Leslie Drive: Moe: Well, at this time we will reconvene. I'd like to open fhe Public Hearing AZ 08-006 for Alter Property and hear the staff report, please.