Meridian Meadows DA H-2017-0011ADA COUNTY RECORDER Christopher D. Rich 2017-059065
BOISE IDAHO Pgs=40 BONNIE OBERBILLIG 06/28/2017 03:06 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2, RAMA Group, LLC, Owner
3. Giza Development, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this (9day of 'Tuv,...e , 2017, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and RAMA Group, LLC, whose address is 1548 Cayuse Creek, Suite 100,
Meridian, Idaho 83646, hereinafter called OWNER and Giza Development, LLC, whose address is
801 N. 500 W., #300, Bountiful, UT 84010, hereinafter called DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A", which
is attached hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-651 lA provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owners and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner and/or Developer has submitted an application for the
annexation of approximately 5.28 acres of land fi om the RUT zoning district
in Ada County to the L -O (Limited Office) zoning districts (as described in
Exhibit "A"), under the Unified Development Code, which generally
describes how the Property will be developed and what improvements will be
made; and
1.5 WHEREAS, Owner and/or Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the Property will be developed
and what improvements will be made; and
DEVELOPMENT AGREEMENT—MERIDIAN MEADOWS SENIOR COMMUNITY (H-2017-0011) PAGE 1 OF 8
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 2nd day of May, 2017, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit `B"; and
1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner and/or Developer deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a result
of evidence received by the City in the proceedings for zoning designation
from government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure zoning
designation are in accordance with the amended Comprehensive Plan of the
City of Meridian on October 11, 2016, Resolution No. 16-1173, and the
UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT—MERIDIAN MEADOWS SENIOR CommuNITY (H-2017-0011) PAGE 2 OF 8
3.2 OWNER: means and refers to RAMA Group, LLC, whose address is 1548
Cayuse Creek, Ste. 100, Meridian, Idaho 83646, the party that owns said
Property and shall include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to Giza Development, LLC, whose
address is 801 N. 500 W. #300, Bountiful, UT 84010, the party that is
developing said Property and shall include any subsequent developer(s) of the
Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Limited Office (L -O) zoning district
and attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. The existing home and associated outbuildings shall be removed from the site prior to
issuance of the first building permit on this site.
b. Future development of this site shall substantially comply with the conceptual site
plan, landscape plan and building elevations in Exhibit A of the Staff Report that is
attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit
«B»
c. The use of this site is restricted to a nursing or residential care facility as proposed with
this application. Any change to the use shall require a modification of the development
agreement.
d. A cross-access/ingress-egress easement shall be provided to the property to the east
(Parcel #85443010040, 2750 E. Magic View Drive) with the development of this site.
e. The City Council approved a waiver to UDC 11-3A-3 to allow the eastern second access
via E, Magic Valley Drive, a collector street.
DEVELOPMENT AGREEMENT - MERIDIAN MEADOWS SENIOR COMMUNITY (H-2017-0011) PAGE 3 OF 8
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terns and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner and/or Developer's default
of this Agreement, Owner and/or Developer shall have thirty (30) days from
receipt of written notice £rom City to initiate commencement of action to
correct the breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty (18 0) day period, then the time allowed
to cure such failure maybe extended for such period as maybe necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner and/or Developer that is not
cured after notice as described in Section 7.2, Owners and/or Developer shall
be deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada Countyby either City
or Owner and/or Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of
the covenants, agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner and/or Developer or City is delayed for causes that
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall be
extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies
of City nor apply to any subsequent default of any such or other covenants
and conditions.
DEVELOPMENT AGREEMENT -MERIDIAN MEADOWS SENIOR COMMUNITY (H-2017-0011) PAGE 4 OF 8
8. INSPECTION: Owner and/or Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement or by
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the terms
and conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner and/or Developer agree
to provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shallbe issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner and/or Developer to the City in
accordance with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER:
RAMA Group, LLC
1548 Cayuse Creek, Ste. 100
Meridian, ID 83646
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
Giza Development, LLC
801 N. 500 W., #300
Bountiful, UT 84010
DEVELOPMENT AGREEMENT -MERIDIAN MEADOWS SENIOR COMMUNITY (H-2017-0011) PAGE 5 OF 8
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
maybe granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an
interest in the Property. Nothing herein shall in anyway prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner and/or Developer, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
reasonable discretion, had determined that Owner and/or Developer have fully performed their
obligations under this Agreement;
18, INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expresslyprovided, eachparty
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner and/or Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral
or written, express or implied, between Owner and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, andpursuant, with respect to City, to a
duly adopted ordinance or resolution of City,
DEVELOPMENT AGREEMENT -MERIDIAN MEADOWS SENIOR COMMUNITY (H-2017-0011) PAGE 6 OF 8
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment,
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Cleric,
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided,
OWNER:
RAMA Gro LC
By:
Amar
Xts: Manager•
DEVELOPER -
Giza Development, LLC
By:
Michael Wright
its: President
CITY OF MERIDIAN 4Qp�PiEOArJ3 s ATTEST:
0
A r+ C'11y of "' n
By:
Mayor rn de Weerd AL `P� ,ray Coe', City Clerk
w Pyve(t
111 TRV -
DEVELOPMENT AGREEMENT- MERIDIAN MEADOws SENIOR CommuNny (1-1-2017-0011) PAGE 7 OF 8
STA'L'E OF IDAPIO
ss:
County of Ada, ) 1
On this day'JAM . , 2017, before me, the undersigned, a Notary Public in and for said State,
personally appeared Devin Aniar known or identified to me to be the Manager of RAMA Group, LLC, and
acknowledged to me that he executed the same on behalf of said Corporation.
IN WITNESS
I have hereunto set tory hand and affixed my official seat the day and year in this
certificate first above n, BA,bo�°BPa4
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STATE OF MART@ 4�4pA�+Aaoie���e4
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County of
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On this q) day of �--, 2017, before ine, the undersigned, a Notary Public in and for said State,
personally appeared Michael Wright, known or identified tome to be, the President of Giza Development, LLC, and
acknowledged to me that lie executed the same on behalf of said Corporation,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written,
FF NY AN . p r 0 1 Public or Idaho
a ARV OT TO AN
MV �, I,1 ��((112019 Residing at: I (, � '
CQlnrtti6ts A9$i, My Commission Expires: 2 t
STATE OF IDAHO
: ss
County of Ada )
On this Z I day of �IJ Y�1'U _, 2017, before me, a Notary Public, personally appeared
Tammy de Weerd and C jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same,
IN WITNESS WHEREOF, I have hercunto set my hand and affixed my official seal the day and year in this
certificate first above written,
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DEVEI.OPMENT AGREEl�4ENT—MERIDIAN MPAIDOWS SVNIOR COMMUNITY (1I-2017.0011) PACE 8 OF 8
EXHIBIT A
Exhibit A: Legal Description & Exhibit Map for Annexation & Zoning Boundary
February 1, 2017
ANNEXATION DESCRIPTION FOR
MERIDIAN CARE
I_ot 5 of the Amended Magic View Subdivision as filed in Book 52 of Plats at Pages
4,443 through 4,446, records of Ada County, Idaho located in the $W of the NE114 of
Section 17, T.3N., R.1 E,, B,M, Meridian, Ada County, Idaho being more particularly
described as follows:
Commenotrig at the E1/4 corner of said Section 17 from which the NE corner of
said Section 17 bears North 00°22114" West, 2652.90 feet;
thence along the East boundary line of said Section 17 North 00°22'14" West,
1326.33 feet to the N1/16 corner of said Sectiori 17, said point beiing the NE corner of said
Amended Magic View Subdivision;
thence along the North boundary line of said Amended Magic View Subdivision
North 89°57'30" West, 1,621.68 feet to the NE corner of said Lot 5, said point being the
REAM POINT OF BEGINNING;
thence along the exterior boundary line of said Lot 5 the following 6 courses and
distances:
thence South 00418'51" East, 472.98 feet;
thence North 03109154" West, 235.29 feet;
thence South 16°49'21" West, 83.49 feet;
thence North 80°08134" West, 233.86 feet;
thence North 02°15'12" East, 485.67 feet;
thence South 89°57'30" East, 466.50 feet to the REAL POINT OF BEGINNING.
Containing 5.28 acres, more or less.
7729 6
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Meridian Meadows Senior Community — AZ H-2017-0011
EXHIBIT A
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Meridian Meadows Senior Community — AZ H-2017-0011
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Meridian Meadows Senior Community — AZ H-2017-0011
EXHIBIT B
CITY OF MERIDIAN h IDIAN --,
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER i 1
In the Matter of the Request for Annexation & Zoning of 5.28 Acres of Land from the RUT to the
L -O Zoning District; and Conditional Use Permit for a Nursing/Residential Care Facility in an L -O
Zoning District by GIZA Development/Michael Wright,
Case No(s). H-2017-0011
For the City Council Hearing Date of: April 18, 2017 (Findings on May 2, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 18, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 18, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 18, 2017,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 18, 2017, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C, §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps,
3, The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5, It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). U-2017-0011 - 1 _
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 18, 2017, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § I 1-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation & zoning and conditional use permit is hereby approved
per the conditions of approval in the Staff Report for the hearing date of April 18, 2017,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 1 I -SB -6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11 -5B -6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511 A, The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0011 - 2
E, Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue, A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of April 18, 2017
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
-3-
FILE NO(S). H-2017-0011
By action of the City Council at its regular meeting held on the _� day of
2017,
COUNCIL PRESIDENT KEITH BIRD
COUNCIL VICE PRESIDENT JOE BORTON
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest: '
�rtyur o
jAo7
ipANO
6,P,v
VOTED
VOTED
VOTED
VOTED
VOTED,
VOTED Y
VOTED
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
:
By
. ��y C� Dated:
_
City Cleric's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S), H-2017-0011 - G -
EXHIBIT A
STAFF REPORT Hearing Date: April 18, 2017 wl IDIAN*,--
TO: Mayor & City Council 1 t
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Meridian Meadows Senior Community — AZ, CUP (H-2017-0011)
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, GIZA Development/Michael Wright, has submitted an application for annexation and
zoning (AZ) of 5.28 acres of land from the RUT zoning district in Ada County to the L-0 zoning
district in the City. A conditional use pernut (CUP) for a nursing/residential care facility in an L-0
zoning district is also requested.
See Section IX of the staff report for more information.
Il. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and CUP applications in accord with the conditions
of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. Staff
recommends this project is continued to a subsequent meeting in order to allow time for the
Applicant to revise the site/landscape plan to include the extension of Hickory Way along the
west property boundary.
The Meridian Planning & Zonina Commission heard these items on March 16 2017. At the
public hearing, the Commission moved to recommend approval of the subject AZ and CUP
requests.
a. Summary of Commission Public Hearing
I. In favor Michael Wright, Applicant; Kent Brown, Applicant's Representative; Kevin
Amar, Property Owner; Celeste Fox; Gene Fox; John Mundt
ii. In opposition: David Ballard, Ron Vance
iii. Commenting: Rich Howell, Laurie Somazzi, Mary Rockrohr
iv. Written testimony: Kent Brown, Applicant's Representative (response to the staff
re ort
v. Staff presenting appllcation: Sonya Allen, Bill Parsons
A. Other staff commenting on application: None
b. Key issue(s) of Public Testimony;
I. Most of the testimony was in favor of the proiect but not the extension of Hickory WaY
south to Magic View Drive;
ii, Neighbors would like fencing and a berm along the north property boundary for a sight
and sound barrier;
iii. Concern regarding "cut -through" traffic through Greenhill Estates Subdivision if
Hickory Way is extended;
iv. Improvements needed to Magic View Drive to meet current and future traffic demands;
v. Request for ACHD to study this area to determine alternatives for traffic &M—d-9
c. liey1SSueS oI uts�ussivu uyyauiuwaay...
L Staffs recommendation that Hickory Way be extended to the south to Magic View
Drive; general traffic concerns in this area.
Meridian Meadows Senior Community — AZ, CUP H-2017-0011 PAGE 1
EXHIBIT A
d. Commission Change(s) to Staff Recommendation:
i. The Commission did not recommend approval of the extension of Hickory Way
(modified conditions #1.1.14 and #1.1.3b).
e. Outstanding Issues) for City Council:
L If Hickory Way should be extended south to Magic View Drive along the west boundary
of this site.
The Meridian City Council heard these items on April 18.Z017 At the public hearing, tlte_
Council approved the subject AZ and CUP requests.
a, Summary- of City Council Public Huring:
L In favor• Michael Wright Giza Development• Dent Brown Applicant's Representative;
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III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0011 as recommended by the Commission and presented during the hearing on April 18, 2017,
(witliotit extension of Hickory Way) with the following modifications: (Add any proposed
modifications); or,
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0011 as presented during the hearing on April 18, 2017 (with the extension of Hickory Way), with the
following modifications: (Add any proposed modifications)
Continuance
I move to continue File Number H-2017-0011 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0011,
as presented during the hearing on April 18, 2017, for the following reasons: (You should state
specific reasons for denial)
Meridian Meadows Senior Community— AZ, CUP H-2017-0011 PAGE 2
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 2662 E. Magic View Drive, in the northeast '/4 of Section 17, Township 3
North, Range 1 East. (Parcel #: R5443010050)
B. Owner(s):
RAMA Group, LLC
1548 Cayuse Creek, Ste, 100
Meridian, ID 83646
C. Applicant:
GIZA Development/Michael Wright
3681 N. Locust Grove Road, Ste, 100
Meridian, ID 83646
D. Representative:
Kent Brown, Kent Brown Planning
3161 E. Springwood Drive
Meridian, Idaho 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and a conditional use permit. A public
hearing is required before the Planning & Zoning Commission and City Council on these
applications, consistent with Meridian City Code Title. 11, Chapter S.
B. Newspaper notifications published on: February 24, 2017 (Commission); March 31 2017 (City
Council
C. Radius notices mailed to properties within 300 feet on: February 14, 2017 (Commission); March
23 2017 (City Council)
D. Applicant posted notice on site(s) on: March 6, 2017 (Commission); March 31 2017 (City
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of rural residential property with an existing
home, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1, North: Rural residential homes in Greenhill Estates, zoned R1 in Ada County
2. East: Rural residential property with a home, zoned RUT in Ada County
3, South: E. Magic View Drive and two rural residential properties, zoned RUT in Ada County
4. West: Single-family attached homes in the development process (Waverly Place), zoned R-8
C. History of Previous Actions:
This property is included in the Amended Magic View Subdivision plat as Lot S.
In 2016, a comprehensive plan map amendment from Office to MHDR; annexation and
zoning to the R-15 zoning district; preliminary plat for 19 building lots; and a conditional use
Meridian Meadows Senior Community-- AZ, CUP H-2017-0011 I PAGE 3
EXHIBIT A
permit for a multi -family development consisting of 76 units was requested and denied by City
Council (H-2016-0006, Pope's Garden),
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site
currently exists in E. Magic View Drive.
b. Location of water: Water mains intended to provide service to the subject site currently
exist in Magic View Drive.
c. Issues or concerns: None
E. Physical Features:
L Canals/Ditches Irrigation: There are no waterways on this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District,
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is currently designated Office on the Future Land Use Map (FLUM) contained
in the Comprehensive Plan. Office designated areas provide opportunities for low -impact business
areas, including offices, technology and resource centers; ancillary commercial uses may be
considered (particularly within research and development centers or technological parks).
The proposed nursing/residential care facility will contain 50 units of skilled nursing and 60 units of
assisted living and memory care. Although the use is residential in nature, staff considers it a low
impact business which is desired in Office designated areas such as this.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this property (staff analysis in italics):
"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." (3.07.01E)
Although staff is unaware how "affordable" the living units in the proposed facility will be,
the proposed development will contribute to the variety of housing options available in this
area.
"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 care facility will provide long term care to those in need in the community.
"Provide housing options close to employment and shopping centers." (3.07.02D)
Because of its location in close proximity to St. Luke's medical center and hospital, nearby
shopping centers (The Village and Crossroads at Eagle/Fuirvietit), and nujor transportation
corridors (1-84 and SH-55/Eagle Road), this property is ideal fir a musing/residential care
facility.
"Locate high-density development, where possible, near open space corridors or other
permanent major open space and park facilities, Old Town, and near major access
thoroughfares." (3.0T02N)
Meridian Meadows Senior Community — AZ, CUP 1i-2017-0011
PAGE 4
EXHIBIT A
The proposed development is located in close proxindo, to inajor access thoroughfares (i.e. I-
84 and SH-55/Eagle Road) within the City. It's also within a couple miles ofKleiner Park, a
regional 60 -acre City park northeast of this site.
"Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01F)
Staff believes the proposed nursing/residential care facility will be compatible with existing
residential properties/uses in the area. The 20 foot wide landscape buffer to adjacent
residential uses will also provide a dense buffer between the proposed use and existing
residences.
"Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets." (2.01.04B)
Landscaping is proposed within planter islands in the parking areas oil this site as shown oil
the landscape plan attached in Exhibit A.4.
"Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow." (3.03.03C)
Staff 'recomtnends Hickory Way — the stub street at the north boundary of this site — is
extended as a local street along the west boundary of this site for interconnectivity between
developments and better traffic flow.
"Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03;020)
A stub street (Hickory Way) exists to this propertyfrom the north ill Greenhill Estates
Subdivision. ,Staff recommends it is extended to the south to E. Magic View Drive with this
development. pyithout this connection, there are no other opportunities for north/south
connectivity to Franklin Road and all of the traff c funnels east/west to/frorn Locust Grove
and Eagle Roads.
"Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.03B)
A pedestrian walkway is proposed along the west boundary of'the site to the property to the
north for interconnectivity.
"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)
This property is contiguous to land that has already been annexed into the City. Urban
services can be provided to this property upon development,
VIII, UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zoning District: 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.
B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional
(C), and prohibited (-) uses in the proposed L-0 zoning district. Any use not explicitly listed is
prohibited. A nursing/residential care facility is listed as a conditional use to the L-0 district;
compliance with the specie use standards listed in UDC 11-4-3-29, Nursing or Residential Care
Facility, is required.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
Meridian Meadows Senior Community — Az, CUP H-2017-0011 PAGE 5
EXHIBIT A
standards listed in UDC Table 11-213-3 for the L-0 district.
D. Landscaping: Landscaping is required to be provided on the site in accord with the standards
listed in UDC 11-313,
E, Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for
nursing/residential care facilities.
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
A. Annexation & Zoning (AZ):
The applicant requests approval to annex & zone 5,28 acres of land with an L-0 zoning district
consistent with the FLUM designation of Office for this property.
The applicant proposes to develop the site with a nursing/residential care facility with approval of
the accompanying conditional use permit.
The proposed L-0 zoning provides a transition and buffer in zoning and uses from adjacent
residential uses to the west, north and east and future commercial uses to the south and east.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed and
recommended by staff with this application, staff recommends a DA is required as a provision of
annexation with the provisions included in Exhibit B.
B. Conditional Use Permit (CUP):
A CUP is requested for a nursing/residential care facility in the proposed L-0 zoning district as
required by UDC Table l 1-2B-2,
The applicant has submitted a site plan, included in Exhibit A.2, depicting two structures on the
site; one 37,800 square foot structure containing 50 skilled nursing/residential units and one
43,400 square foot structure containing 30 assisted living and 30 memory care units.
Specific Use Standards: The specific use standards listed in UDC 11-4-3-29, Nursing or
Residential Care Facilities, apply to development of this site as follows: (Staff's comments in
italics)
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 occupancy as required by the
building code in accord with title 10 of this code.
2, The owner and/or operator of the facility shall secure and maintain a license from the
state of Idaho department of health and.welfare, facility standards division.
Additional standards for uses providing care to children and juveniles under the age of
eighteen (18) years: The applicant states this facility Twill not care for anyone under the age
0,x'18 years.
Meridian Meadows Senior Community— AZ, CUP U-2017-0011 PAGE 6
EXHIBIT A
1. All outdoor play areas shall be completely enclosed by a minimum six foot (6) 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 six feet (0) high shall not be located in a front yard or
within any required yard.
3, Outdoor play areas in residential districts or uses adjacent to an existing residence shall
not be used after dusk.
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 six feet (6), along the perimeter of any portion of the site
that is accessible to these 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.
(Ord, 05-1170, 8-30-2005, eff. 9-15-2005) The site plan depicts two courtyards interior to the
structure which complies with the intent of this requirement.
Access: Two driveway accesses are proposed to the site via E. Magic View Drive, classified
partially as a local and partially as a collector street. The UDC (11-3A-3) requires access to be
provided from a local street when one exists and restricts access to collector streets unless
otherwise waived by Council. A waiver from City Council as set forth in UDC 11-3A-3 is
needed for the easternmost access via E. Magic View Drive, a collector street.
Right-of-way for a stub street (Hickory Way) exists at the northwest corner of the site from
Greenhill Estates Subdivision; however, the right-of-way has never been opened nor the stub
constructed. Extension of the stub street is not proposed but a gated emergency access is
proposed,
The Comprehensive Plan supports stub streets being extended for vehicular connections
between developments and better traffic flow, In this case, traffic currently flows east to
Eagle Road and west through Woodbridge Subdivision to Locust Grove Road. Extension of
Hickory Way south to Magic View Drive will provide a means of access in this area via
Franklin Road to the north of Magic View, which will improve traffic flow in this area and
better disperse traffic. Therefore, staff recommends that Hickory Way is extended along the
west boundary of this site with development of this property; an access may be provided
from the local street (Hickory) rather than from Magic View (the portion designated as a
collector). Staff further recommends that the Commission continue this project in order to
allow the applicant time to revise the site/landscape plan to include the extension of Hickory
Way.
Note: When ACHD reviewed the previous developmentplan for this site (Pope's Garden), the off-
site portion of unopened right-oflway (Hickoty Way) at the northwest corner of the site was
required to be improved as a pedestrian, bicycle and emergency access only, the right-of-way for
the f tture extension of Hickory Way ft-om the north property line to Magic View Drive was not to
be dedicated as right-of-way to ACRD but as an easement to the City. Their position on this
matter has not changed.
Where access to a local street is not available, the property owner is required to grant a cross-
access/irigress-egress easement to adjoining properties. Because access isn't available via a
local street for the adjacent property to the east, staff recommends a cross-access/ingress-
egress easement is provided to the property to the east (Parcel #R544301.0040).
Meridian Meadows Senior Community-- AZ, CUP H-2017-0011 PAGE 7
EXHIBIT A
Parking: Off-street parking is required (0.5 space per bed) for the proposed use in accord with
the standards listed in UDC Table 11-3C-6 for age -restricted elderly housing. Based on the total
number of units, a minimum of 55 parking spaces are required. The site plan depicts 55 parking
spaces in accord with the minimum requirements. Note: If Hickory Way is extended as
recommended by staff, this will impact the parking for the site.
A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof
is required to be provided on the site per UDC 11 -3C -6G in accord with the standards listed in
UDC 11 -3C -5C. Based on 55 vehicle spaces provided, a minimum of 3 bicycle spaces are
required; none are proposed. The site plan submitted with the Certificate of Zoning
Compliance application should depict bicycle racks in accord with this requirement.
Landscaping: Landscaping is required to be provided on the site as set forth in UDC 11-3B.
Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-
3B -8C; additional trees are required in the planter islands at the ends of rows of parking
along with vegetative groundcover at 70% coverage at maturity. Or, alternative compliance
may be requested as set forth in UDC 11-513-5.
A 20 -foot wide buffer to adjoining land uses is required to be provided on L -O zoned property
adjacent to residential uses per UDC Table 11-2B-3 as proposed. Additional trees (evergreen
and/or deciduous) should be added within the buffers to residential uses to achieve a barrier
that allows trees to touch at maturity.
A 20 -foot wide street buffer is required along the eastern portion of E. Magic View Drive that is
designated as a collector street; and a 10 -foot wide buffer is required along the western portion of
E. Magic View Drive that is designated as a local street. A 20 -foot wide buffer is proposed along
the entire length of Magic View in accord with this requirement. If Hickory Road is required to
be extended as recommended by Staff, a 10 -foot wide street buffer is required along both
sides of the street as set forth in UDC Table 11-213-3.
Mitigation: There are existing trees on this site. The applicant is required to comply with the
mitigation standards listed in UDC 11 -3B -IOC -5 for any existing trees 4 -inch caliper or greater that
are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of
any existing trees from the site to schedule an inspection. A mitigation plan should be identified
on the landscape plan submitted with the CZC application.
Sidewalks: Sidewalks are required to be constructed on the site as set forth in UDC 11-3A-17,
The site/landscape plan depicts a 5 -foot wide attached sidewalk along E. Magic View Drive.
A minimum 5 -foot wide detached sidewalk is required to be constructed along the east segment
of E. Magic View Drive that is designated as a collector street; and a minimum 5 -foot wide
attached sidewalk is required along the portion of E. Magic View Drive that is designated as a
local street. A minimum 5 -foot wide attached sidewalk is also required along both sides of
Hickory Way, a local street, if required to be extended as recommended by Staff The plans
should be revised accordingly to comply with UDC standards.
Building Elevations: Two conceptual perspective drawings of the entrances of the future
structures were submitted with this application as shown in Exhibit AA. Building materials are
proposed to consist of horizontal and vertical board and batten style hardie board siding of
multiple colors, stone veneer columns and accent walls at the entrance with asphalt shingles.
The architectural character of the structures is required to comply with the standards listed in
UDC 11-3A-19 and the Architectural Standards Manual.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance application for establishment of the new use and to ensure all site
Meridian Meadows Senior Commmnity — AZ, CUP H-2017-0011 PAGE 8
EXHIBIT A
improvements comply with the provisions of the UDC and the conditions in this report prior to
construction, in accord with UDC 11-5B-1,
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and
building design is required to be generally consistent with the elevations and site plan submitted
with this application and the standards listed in UDC 11-3A-19 and the City of Meridian
Architectural Standards Manual.
In sumtnaty, Staff reconnnends approval of the proposed AZ and CUP applications with the
conditions included in Exhibit B and the requirement of a development agreement that includes
the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Site Plan (dated: 2/3/17)
3. Proposed Landscape Plan (dated: 2 /3/17)
4. Conceptual Building Elevations & Floor Plans
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
D. Required Findings from Unified Development Code
Meridian Meadows Senior Community—AZ, CUP H -20t7-0011 PAGE 9
EXHIBIT A
Exhibit A Page 1
A. Drawings/Other
Exhibit A.1: Zoning Map
EXHIBIT A
2 -
Exhibit A.2: Proposed Site Plan (dated: 2/3/17)
EXHIBIT A
3 -
Exhibit A.3: Proposed Landscape Plan (dated: 2/3/17)
EXHIBIT A
4 -
Exhibit A.4: Conceptual Building Elevations & Floor Plans (dated: 1/11/17)
EXHIBIT A
5 -
EXHIBIT A
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six (6) months of the City Council granting annexation. The DA shall;
at minimum, incorporate the following provisions:
a. The existing home and associated outbuildings shall be removed from the site prior to
issuance of the first building permit on this site.
b. Future development of this site shall substantially comply with the conceptual site plan,
landscape plan and building elevations included in Exhibit A and the conditions contained
herein.
c. The use of this site is restricted to a nursing or residential care facility as proposed with this
application. Any change to the use shall require a modification to the development
agreement.
d. The revel oral
stree
way.
e. A cross-access/ingress-egress easement shall be provided to the property to the east
(Parcel #R5443010040, 2750 E. Magic View Dr.) with development of this site.
1.1.2 The developer shall comply with the specific use standards listed in UDC 11-4-3-29, Nursing or
Residential Care Facilities.
1.1.3 The site/landscape plan included in Exhibit A.4, dated 2/3/17, shall be revised as follows:
a. At a minimum, depict a 5 -foot wide detached sidewalk along the portion of E. Magic View
Drive that is classified as a collector street east of S. Wells Street.
b. the fflitension of S. Hiekety Way as a leeal street along the west boundary of the site to Et
�—.iew D i e f orfl the xe 1 n tzr +1T :,,alan��vacnixFs� *.he unepened
pettiall of rigM of way that euffeady e*ists at the Autumn Est division 11-o rE�-u cn�in •,y Also ?��
p„ +o��� the + n t' d7 with T TD 11 3A 1 7 A ,�.-1
�i f c fc ociCcc�ntZrcwzu-
Table 11 2B 3 respeetively-.
c. The pedestrian walkway depicted between the buildings should be widened to a minimum of
4 feet unless a greater width is required to comply with Americans with Disabilities Act
standards.
d. A minimum of three (3) bicycle parking spaces are required to be provided on the site per
UDC 11 -3C -6G in accord with the standards listed in UDC 11 -3C -5C.
e. Trees are required to be provided in the planter islands at the ends of rows of parking along
with vegetative groundcover at a 70% coverage at maturity in accord with the standards listed
in UDC I 1-313-8C; or, alternative compliance may be requested as set forth in UDC l 1-5B-5.
-6-
EXHIBIT A
f. Depict any existing trees on the site/landscape plan. Compliance with the mitigation standards
listed in UDC 11-313-10C.5 is required for any existing trees 4 -inch caliper or greater that are
removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of
any existing trees from the site,
g. Because access isn't available via a local street for the adjacent property to the east,
staff recommends a cross-access/ingress-egress easement is provided to the property to
the east (Parcel #R5443010040).
It. Unless a waiver is a roved by C4 Couneil for- the easternmost aecess Aft E. Ma A 7-11Pp 9
Driv�i eeor d with UDC 11 3A z remove the need; A waiver for access via the collector
street ►vas approved by 041 Council.
i. Additional trees (evergreen and/or deciduous) shall be added within the buffers to residential
uses to achieve a barrier that allows trees to touch at maturity.
1.1.4 Design of future structures is required to comply with the standards in the Architectural Standards
Manual.
1.2 General. Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-313-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-313-5I,
11 -3B -8C, and Chapter 3 Article C.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313-
7C (streets).
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -313 -
tic.
1.2.10 Protect any existing trees on the subject property that are greater than four -inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-313-10.
1.2.11 Provide bicycle parking spaces as set forth in UDC 11 -3C -6G consistent with the design
standards as set forth in UDC 11 -3C -5C.
1.2.12 Comply with the outdoor set -vice and equipment area standards as set forth in UDC 1 I -3A-12.
1.2.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-1IC.
1.2.14 Comply with the structure and site design standards, as set forth in UDC I I -3A-19 and the
guidelines set forth in the City of Meridian Standards Manual.
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
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EXHIBIT A
1.2.17 All fencing constructed on the site shall comply with the standards asset forth in UDC 11-3A-7
and 11 -3A -6B as applicable.
1.3 Ongoing Conditions of Approval
1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth
in UDC l 1 -5B -6G. The applicant shall contact Planning Division staff regarding any proposed
modification and/or transfer of ownership.
1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use
within two years as set forth in UDC 11 -5B -6F1 or 2) gain approval of a time extension as set
forth in UDC 11 -5B -6F4.
1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of any building permit
application.
2. PUBLIC WORKS DEPARTNIENT
2.1 Site Specific Conditions of Approval
2.1,1 Applicant shall be responsible for the installation of a 12 -inch water main in the S. Hickory Way
extension required by Site Specific Condition 1.1.1(d), from E. Magic View Drive to the E.
Autumn Way. In lieu of a blow -off at the end of the main in E. Autumn Way, applicant shall
install a fire hydrant.
2.1.2 A street light plan will need to be included in the final plat application. 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 bttp://w)yw.nieridianci!y.org/public works.aspx?id-272
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 casement(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
-8-
EXHIBIT A
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 anote to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to signature of the final plat by the City Engineer.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
road base approved by the Ada County Highway District and the Final Plat for this subdivision
shall be recorded, prior to applying for building permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11 -5C -3B,
2.2.12 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.
2.2.13 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.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2,15 Developer shall coordinate mailbox locations with the Meridian Post Office,
2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-413.
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EXHIBIT A
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material,
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation, This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.2.19 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.
2.120 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.
2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www,meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer's expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor's
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility
Coordinator at 898-5500 for information on the locations of existing street lighting.
2.222 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. 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 887-2211.
2.2.23 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 public 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. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Knox box plugs.
4.2 Based on the size of new construction and the location of the sprinkler room in relation to the address
side of the structure, the AHJ may require separate Knox box locations. One being at the main,
address side entrance and the other at the entrance to the sprinkler riser room.
4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows;
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EXHIBIT A
a. Fire hydrants shall have the 4'/z" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed. on corners when spacing permits,
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f Fire hydrants shall be placed 18" above finished grade to the center of the 4 %z" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509,5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet.
4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48'
outside, per International Fire Code Section 503.2.4,
4.6 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
4,8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501,4 and Meridian amendment to IFC 10-4-2J,
4.9 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3,
4.10 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
4.11 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building as set forth in International Fire Code Section 503. 1,
4.12 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
4.13 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC
102.9
4,14 Buildings over 30' in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D105.
5. REPUBLIC SERVICES
5.1 No comments have been received from Republic Services,
6, PARKs DEPARTMENT
6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-IOC.5 for any
existing trees 4 -inch caliper or greater that are removed from the site. Contact Elroy Huff, City
Arborist (208-371-1755), prior to removal of any existing trees from the site.
EXHIBIT A
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate 25 -feet of right-of-way from centerline of Magic View Drive abutting the site.
7.1.2 Construct Magic View Drive as one-half of a 36 -foot wide street section with vertical curb,
gutter, minimum 12 -feet of pavement on the other side, and either Moot wide attached sidewalk
or 5 -foot wide detached sidewalk abutting the site.
7.1.3 Provide a permanent right-of-way easement for any public sidewalks placed outside of the
dedicated right-of-way. The easement shall encompass the entire area between the right-of-way
line and 2 -feet behind the back edge of the sidewalk.
7.1.4 Construct a 30 -foot wide driveway onto Magic View Drive, located 158 -feet west of an existing
residential driveway and approximately 200 -feet east of Wells Street/Magic View Drive
intersection from the site.
7.1.5 Construct a 30 -foot wide driveway onto Magic View Drive located 402 -feet east from Fiddle
Avenue/Magic View intersection and 160 -feet west of Wells Street/Magic View Drive
intersection from the site.
7.1.6 Construct the 2 driveways as a curb return type driveway and pave the driveways their full width,
and at least 30 -feet into the site beyond the edge of pavement with minimum 15 -foot radii.
7.1.7 Close the existing residential driveway with curb, gutter, and either 7 -foot wide attached or 5 -foot
wide detached concrete sidewalk.
7.1.8 Payment of impacts fees are due prior to issuance of a building perinit.
7.1.9 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-
way
ight-ofway (including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right -of --way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
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EXHIBIT A
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction,
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District, Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACRD. The burden shall be upon the applicant to obtain written confirmation
of any change from ACRD.
7,2.12 If the site plan or use should change in the fixture, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
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EXHIBIT A
Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary
February 1, 2017
ANNEXATION DESCRIPTION FOR
MERIDIAN CARE
Lot 5 of the Amended Magic View Subdivision as filed In Rook 52 of Plats at Pages
4,443 through 4,446, records of Ada County, Idaho located In the $W of the NE114 of
Section 17, T.3N., R.1 E., B.M, Meridian, Ada County, Idaho being more particularly
described as follows:
Commencing at the E1/4 corner of said Section 17 from which the N5 corner of
said Section 17 bears North 00022114" West, 2652.90 feet;
thence along the East boundary line of said Section 17 North 041°22'14" West,
1326.33 feet to the N1/16 corner of said Section 17, said point being the NE corner of said
Amended Magic View Subdivision;
thence along the North boundary line of said Amended Magic View Subdivision
North 89°57'30" West, 1,621.88 feet to the NE corner of said Lot 5, said point being the
REAL POINT OF BEGINNING;
thence along the exterior boundary line of said Lot 5 the following 6 courses and
distances:
thence South 00°18'51" East, 472.98 feet;
thence North 83°09154" West, 235.29 feet;
thence South 16°49'21" West, 83.49 feet;
thence North 80"08'34" West, 2$3.86 feet;
thence North 02°15112" East, 485.$7 feet;
thence South 89"57'30" East, 465.50 feet to the REAL POINT OF BEGINNING,
Containing 5.28 acres, more or less.
-14-
EXHIBIT A
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-is-
EXHIBIT A
D. Required Findings from Unified Development Code
1. ANNEXATION & ZONING FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The City Council finds that the proposed map amendment to L-0 is consistent with the Office
FLUM designation for this site and should be compatible with existing residential and future
residential, office & commercial uses in the area. Therefore, the City Council finds the
amendment is consistent with the applicable provisions of the Comprehensive Plan (see
section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the L-0 zoning district is
consistent with the purpose statement of the commercial districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-513-3.E).
The City Council finds the proposed annexation of this property is in the best interest of the
City if the applicant develops the site in accord with the conditions listed in Exhibit B.
2. CONDITIONAL USE PERMIT:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish:
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.
The City Council finds that the site is large enough to accommodate the proposed use and
meet the dimensional and development regulations of the L-0 zoning district and the specific
use standards for nursing or residential care facilities.
-16-
EXHIBIT A.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The City Council finds that the proposed nursing/residential care facility use in the L -O zone
meets the objectives and policies of the Comprehensive Plan.
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.
The City Council finds that the general design, construction, operation and maintenance of
the nursing/residential care facility use will be compatible with existing residential and future
office/commercial uses in the vicinity and with the existing and intended character of the area
and wilt not adversely change the character thereof.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The City Council finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
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.
The City Council finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department, Police Department and other agencies.
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.
The City Council finds that the applicant will pay to extend the sanitary sewer and water
mains into the site. No additional capital facility costs are expected from the City. The
applicant and/or future property owners will be required to pay impact fees.
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.
The City Council finds that the proposed development should not involve activities that will
create nuisances that would be detrimental to the general welfare of the surrounding area,
The City Council recognizes the fact that traffic and noise will increase with the approval of
this development; however, whenever undeveloped property is developed, the amount of
traffic generation does increase.
b. 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.
The City Council finds that the proposed development will not result in the destruction, loss
or damage of any natural feature(s) of major importance.
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