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PZ - Staff ReportThe Cottages – CUP H-2018-0013 PAGE 1 STAFF REPORT Hearing Date: April 5, 2018 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate City Planner 208-884-5533 SUBJECT: The Cottages – CUP (H-2018-0013) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Jeff Likes, has applied for a conditional use permit (CUP) for an assisted living facility on 1.68 acres of land in the L-O zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0013 as presented in the staff report for the hearing date of April 5, 2018, with the following modifications: (Add any proposed modifications.) I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on April 19, 2018. Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0013 as presented during the hearing on April 5, 2018, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) Continuance I move to continue File Number H-2018-0013 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 2134, 2146, 2158, 2182, 2170 and 2194 W. Everest Ln., in the NE ¼ of Section 26, Township 4 North, Range 1 West. B. Owner(s): Encore Development, LLC 63 W. Riverbridge Ln. Eagle, ID 83616 C. Applicant: Jeff Likes 1119 E. State, Ste. 120 Eagle, ID 83616 The Cottages – CUP H-2018-0013 PAGE 2 D. Representative: Jeff Likes, ALC Architecture 1119 E. State, Ste. 120 Eagle, ID 83616 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 16, 2018 C. Radius notices mailed to properties within 300 feet on: March 12, 2018 D. Applicant posted notice on site by: March 7, 2018 VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of vacant/undeveloped, zoned L- O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: SH 20-26/W. Chinden Blvd. and a golf course and single-family residential properties, zoned R-8 West: Daycare and office uses, zoned L-O South: W. Everest Ln. and single-family residential uses, zoned R-4 East: Vacant/undeveloped land, zoned L-O C. History of Previous Actions:  In 2002, the larger Lochsa Falls development received the following approvals:  Annexation and zoning (AZ-02-010) with a development agreement recorded as Instrument No. 103012598 and an addendum recorded as Instrument No. 104033484;  Preliminary plat (PP-02-009) for Lochsa Falls Subdivision;  Conditional use permit (CUP-02-012) for a planned development in an R-4 zoning district; and,  In 2004, a final plat (FP-04-054) was approved for Lochsa Falls No. 12, which included the subject property as Lots 44 and 45, Block 49.  In 2007, a rezone (RZ-06-008) was approved from R-4 to L-O; and a modification to the conditional use permit/planned development (MCU-06-002) was approved to remove the detailed conditional use permit approval on Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12.  In 2017, a development agreement modification (Inst. #2017-059161) and a combined preliminary and final plat were approved that included this property (H-2017-0032). The Cottages – CUP H-2018-0013 PAGE 3 D. Utilities: 1. Public Works: a. Location of sewer: Sewer service shall be provided to this lot with the development of the subdivision. b. Location of water: Water service shall be provided to this lot with the development of the subdivision. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no open waterways on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site is not within a flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Mixed Use – Community (MU-C). The purpose of the MU-C designation is to allocate areas where community- service uses and dwellings are seamlessly integrated into the urban fabric. The intent of the MU -C designation is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Development should comply with the general guidelines for development in all mixed use areas and have a mix of at least 3 land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. See pages 27-28 in the Comprehensive Plan for more information. The applicant proposes to develop this 1.68 acre site with a residential care (assisted living) facility, consistent with the MU-C designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).” (3.06.02F) A 10-foot wide landscape buffer and building setback will be required with development along W. Everest Ln., a private street along the south boundary; landscaping should be installed in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets.  Support a variety of residential categories (low-, medium-, medium-high and high-density single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed assisted living facility will provide another housing option in this portion of the City adjacent to existing single-family homes and office/commercial uses. Staff is unaware of how “affordable” the units will be.  “Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (e.g. landscaping, fences, etc.).” (3.05.02A) The site design for the proposed development should be consistent with existing and future uses in the vicinity. A private street and solid fencing exists between this site and the existing single - family residential properties to the south; a landscaped street buffer will also be provided along Everest Lane. The Cottages – CUP H-2018-0013 PAGE 4  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services were required to be provided to each lot as a provision of the subdivision in accord with UDC 11-3A-21.  “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed assisted living facility will be within walking distance of existing residential, commercial and office uses in the vicinity.  “Ensure that high-quality emergency care, primary, outpatient, home, and long-term care and other types of health care are provided in the community.” (2.02.01) The proposed assisted living facility will provide long-term care options in the northern part of the City.  “Require screening and buffering of commercial and industrial properties to residential use with transitional zoning.” (3.06.01E) There are no abutting residential uses that required screening or buffering; W. Everest Ln. separates the subject property from the residential neighborhood to the south. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Allowed uses in the L-O district are office centers and adaptive re-use of residential structures with limited hours of operation. B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the L-O zoning district. A residential care facility is listed as a conditional use in the L-O zoning district. Compliance with the specific use standards listed in UDC 11-4-3-29, Nursing or Residential Care Facilities, is required. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the L-O zoning district apply to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant has submitted an application for a conditional use permit (CUP) for a residential care facility on 1.68 acres of land in the L-O zoning district, as required by UDC Table 11-2B-2. Two (2) 11,600 square foot residential care (assisted living) facilities with 16 beds per building are proposed to be constructed on this site. The building at the north boundary of the site is proposed to be an assisted living facility; and the southern building is proposed to be a memory care facility. Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop with two structures, access, parking and drive-aisles. Access: Access is proposed to this site via two (2) drive aisles from the abutting property to the The Cottages – CUP H-2018-0013 PAGE 5 east under the same ownership, which has access via W. Everest Ln. A reciprocal cross-access easement exists between these properties as depicted on the subdivision plat for Hastings Subdivision No. 3. Parking: Off-street parking is required to be provided on the site in accord with UDC Table 11- 3C-6 for age restricted elderly housing. For a 1-bedroom unit, 0.5 of a space is required. For 32 beds, a minimum of 16 parking spaces are required; a total of 22 spaces are proposed, including 2 ADA stalls, in accord with this requirement. Because this area already has insufficient parking and results in vehicles parking along W. Everest Lane and blocking traffic, staff recommends additional parking is provided on the site. Staff recommends another row of parking is provided (to result in a double row of parking) to the east of Building A in the area where the 31.5’ wide landscape area is located. Note: The development agreement for this property requires the property owner to install “No Parking” signs along Everest Lane and paint the curb red signifying no parking adjacent to the property. Two-way drive-aisles adjacent to parking are required to be a minimum of 25 feet in width per UDC 11-3B-8C; the plans should be revised accordingly. The landscape plan depicts a 24’ wide drive aisle but the site plan depicts a 25’ wide drive aisle as required. Based on the number of vehicle parking stalls (22), a bicycle rack capable of holding a minimum of one (1) bicycle is required to be provided per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. One bicycle rack is proposed at the entrance of the northern building; staff recommends an additional rack is provided at the entrance of the southern building. Landscaping: Landscaping is required to be installed on the site in accord with the standards listed in UDC 11-3B. A 10-foot wide street buffer is required along W. Everett Ln., a private street, as set forth in UDC Table 11-2B-3, landscaped in accord with the standards listed in UDC 11-3B-7C. The buffer is required to be measured from the back of sidewalk; the corner of the southern building encroaches within this buffer and should be shifted to the north outside of the buffer. Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. A reciprocal cross-access easement exists between the subject property and the property to the east; therefore, a perimeter buffer is not required along the east boundary of the site. Trash Enclosure: A trash enclosure is depicted on the site plan at the southeast corner of the building. The color and material of the enclosure should complement that of the building. A detail of the enclosure should be submitted with the Certificate of Zoning Compliance and Design Review application. A detail of the enclosure should also be submitted to Bob Olson, Republic Services, (208-345-1265 office, or 208-371-1745 cell; email: rolson@republicservices.com ) for review and approval prior to submittal of the Certificate of Zoning Compliance application. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-29, Nursing or Residential Care Facilities, as follows: A. General standards: 1. If the use results in more than ten (10) persons occupying a dwelling at any one time, the applicant or owner shall concurrently apply for a change of occupancy7 as required by the building code in accord with Title 10 of this code. This standard is not applicable. 2. The owner and/or operator of the facility shall secure and maintain a license from the The Cottages – CUP H-2018-0013 PAGE 6 State of Idaho Department of Health and Welfare, facility standards division. The applicant shall comply with this requirement. B. Additional standards for uses providing care to children and juveniles under the age of 18 years: This section is not applicable as care will not be provided to juveniles. 1. All outdoor play areas shall be completely enclosed by a minimum 6-foot non- scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of this code. 2. Outdoor play equipment over 6-feet high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential district or uses adjacent to an existing residence shall not be used after dusk. C. Additional standards for uses providing care to patients who suffer from Alzheimer’s disease, dementia or other similar disability that may cause disorientation: A barrier with a minimum height of 6 feet, along the perimeter of any portion of the site that is accessible to those patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of this code. Staff recommends a detail of the proposed fencing be submitted with the Certificate of Zoning Compliance application that complies with the aforementioned requirement if outdoor recreation areas are proposed for the memory care facility. Sidewalk: Sidewalks are required to be provided around buildings and along public streets in accord with the standards listed in UDC 11-3A-17. A 5-foot wide sidewalk was recently constructed on this site along W. Everest Ln. A 5-foot wide sidewalk is proposed internally within the site. Pathway: A pathway is not depicted on the Pathways Master Plan for this site. Building Elevations: Building elevations were submitted with this application for the proposed structures as shown in Exhibit A.4. Building materials consist of horizontal Hardie lap and cedar shake siding, with stone veneer wainscot and asphalt shingle roofing. Note: The same symbol is used for the asphalt shingle roofing and the cedar shake siding. The future structures are required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. The proposed elevations appear to comply with current design standards. Any rooftop or ground level mechanical equipment is required to be screened. Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC application for approval of the proposed use, site layout and building elevations from the Planning Division prior to submittal of a building permit application. Design Review: The applicant is required to submit a Design Review application concurrent with the CZC application for final approval of the site layout and building elevations. The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A- 19 and the Architectural Standards Manual. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings The Cottages – CUP H-2018-0013 PAGE 7 1. Vicinity Map 2. Site Plan (dated: 1/15/18) 3. Landscape Plan (dated: 1/15/18) 4. Building Elevations (dated: 1/15/18) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code The Cottages – CUP H-2018-0013 PAGE 8 Exhibit A.1: Vicinity Map The Cottages – CUP H-2018-0013 PAGE 9 Exhibit A.2: Site Plan (dated: 1/15/18) The Cottages – CUP H-2018-0013 PAGE 10 Exhibit A.3: Landscape Plan (dated: 1/15/18) The Cottages – CUP H-2018-0013 PAGE 11 Exhibit A.4: Building Elevations (dated: 1/15/18) The Cottages – CUP H-2018-0013 PAGE 12 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Development of the site shall substantially comply with the site plan, landscape plan and building elevations included in Exhibit A, the conditions of approval listed herein, and the provisions of the development agreement. 1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-29, Nursing or Residential Care Facilities. The site plan submitted with the Certificate of Zoning Compliance application shall demonstrate compliance with these standards and the conditions of approval in this report. 1.3 The site/landscape plans, dated 1/15/18, included in Exhibit A shall be revised as follows (as applicable): a. Depict and include a detail of the fence around the memory care facility that complies with the standards listed in UDC 11-4-3-29C if an outdoor/exterior recreation area is proposed. b. Depict a bicycle rack near the entry of the memory care facility and include a detail of the rack that complies with the standards listed in UDC 11-3C-5C. c. Widen the two-way drive-aisle that is adjacent to parking to be a minimum of 25 feet in width per UDC 11-3B-8C. d. Shift the memory care (southern) building to the north so that the building doesn’t encroach within the 10-foot wide street buffer. e. Depict an additional row of parking (to result in a double row of parking) to the east of Building A in the area where the 31.5’ wide landscape area is depicted. 1.4 Submit a detail of the trash enclosure that meets the requirements of Republic Services; colors and materials should complement the building. 1.5 Install “No Parking” signs along Everest Ln. and paint the curb red signifying no parking adjacent to this site as required by the development agreement. 1.6 The applicant is required to submit a Certificate of Zoning Compliance application for approval of the proposed use and site layout from the Planning Division prior to submittal of a building permit application. 1.7 The applicant shall submit a Design Review application concurrent with the Certificate of Zoning Compliance application for approval of the site layout and building elevations. The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. 1.8 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.9 The Applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-5B-6F. 1.10 The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. The Cottages – CUP H-2018-0013 PAGE 13 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the installation of water and sewer lines and services to the proposed buildings. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.2.5 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.6 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.7 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.8 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.9 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.10 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill mater ial. 2.2.11 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. The Cottages – CUP H-2018-0013 PAGE 14 2.2.12 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.13 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.14 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 Additional parking is needed in this area. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns with this application. 5. REPUBLIC SERVICES 5.1 A detail of the enclosure should be submitted to Jay Markle, Republic Services, (208-345-1265) for review and approval prior to submittal of the Certificate of Zoning Compliance application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comment on this application. 7. ADA COUNTY HIGHWAY DISTRICT ACHD has no facilities adjacent to this site. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 9. NAMPA MERIDIAN IRRIGATION DISTRICT The Cottages – CUP H-2018-0013 PAGE 15 10. SETTLER’S IRRIGATION DISTRICT 11. IDAHO TRANSPORTATION DEPARTMENT (ITD) The Cottages – CUP H-2018-0013 PAGE 16 The Cottages – CUP H-2018-0013 PAGE 17 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject property is large enough to accommodate the proposed use and the dimensional & development regulations of the L-O district as required by the UDC (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of MU-C for this site if designed in accord with the conditions listed in Exhibit B. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other existing and future uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation will be provided to the subject property. Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. The Cottages – CUP H-2018-0013 PAGE 16 g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff finds the proposed use will not involve excessive traffic, noise, or odors that will be detrimental to any persons, property or the general welfare. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance in this area.