07/28/1998 Minutes - Laserfiche WebLink

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,_ ,1, be located. Mr. Bower stated we will not put in any other entrances on this lot unless we decide to proceed with phase two. Mr. Tallon asked Mr. Deichmann if he had a chance to looked at the ground drainage issues. Mr. Deichmann indicated he had not had a chance to look at this particular plan, but in regards to the request and review of the above and below ground retention pond at an engineering stand point I have no objections to the 40% above and 60% below ratio. Mr. Spalding asked if Wellington followed the Architectural review boards request to match the dumpster enclosures brick color to that of the brick being used on the main building, and that the doors to the enclosure match the board on board cedar fence. Mr. McGettrick indicated that they followed all the Architectural review boards requests. Mr. Spalding asked if W. Bower spoke to Mr. Vannoy regarding the landscaping of his front yard to block the headlights of vehicles coming and going from your establishment. Mr. Bower suggested that he met with Mr. Vannoy the night of the Architectural review board meeting. He suggested Mr. Vannoy would contact him if he felt we needed to do his landscaping, and I have not heard back from Mr. Vannoy since that night. Mr. Spalding stated Mr. Vannoy called me on 7/27/98 about lights that will be coming into his windows from your driveway. Mr. Bower indicated he would be happy to talk to Mr. Vannoy regarding the light issue. Mr. Tallon stated he would give the audience 5 minutes so they could look at the new drawings. Mr. Dean McKay of 5197 Columbia Road came forward and indicated he had spoken to Mr. Dubelko prior to the meeting and wondered if he had a definition for the meaning of nursing home, and assistant living. Mr. Dubelko indicated our code provides a definition for nursing home, but doesn't provide a definition for assistant living or other names they might go by. The state definition of nursing homes is very similar to what we have in our local code. I believe the developer indicated at the last meeting this facility would be licensed by the state. When we are talking about the laws that have to be followed by the Planning commission were talking about zoning code concepts, were talking about certain definitions in our state law, and in this area we are talking about licensing concepts, but there are definitions under state law for nursing homes and for residential care facilities. Those are licensing definitions and those apply to the state and don't necessarily have any acceptability to our local zoning concerns. For the purposes of our local zoning concerns the use definitions that are important are first Nursing Homes which is defined and second is apartment which is also defined. I believe Mr. Conway has treated this as a proposed apartment dwelling for seniors, so as long as it meets the definition of apartment weather it is licensed as a residential care facility or unlicensed or licensed as something else doesn't really have any significance for the City. The issue is on the law departments mind as well as the building departments mind is whether or not this meets the definition of apartment. Mr. Troibner from Clague Road came forward and asked Mr. Dubelko does an apartment have to have a kitchen. Mr. Dubelko indicated he thought it did, but suggested Mr. Troibner direct his questions to the building department as they work with the building code on a daily basis, and would be able to answer his questions with more clarity. W. Troibner who had earlier purchased a copy of Wellington's blue prints, presented new renditions of the blue prints to show how he would like to see the building and parking lots positioned on the site. He suggested if Wellington would rotate the building 90 degrees and elongate their parking lots their submittal would be more acceptable to the residents. They would not intrude over the plot line and the building fits in quite nice. The primary issue is their main entrance which is cut into Clague Road. We purpose that instead of the main entrance being on Clague Road, that the lot right across the street from the Metro Parks on Mastick Road which is permanent parcel # 237- 21-07' was just bought, if Mr. Bower now owns this lot he could use it for his main entrance. If a 3