Maxfield Subdivision 05-027
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 10/13105 03:42 PM
DEPUTY Neava Haney
RECORDED - REQUEST OF
Meridian City
AMOUNT ,00
46
III /11111I111111111111111111111111111
10515270:::
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Cottage Investors II, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this .2']]1.- day of ~, 2005, by and between City of Meridian, a
municipal corporation of the State 0 Idaho, hereafter called "CITY', and Cottage Investors
II, LLC, hereinafter called "OWNER/DEVELOPER".
1.
RECITALS:
1.1 WHEREAS, "OWNER/DEVELOPER" 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 for each owner, 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, LC, S 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/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 Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-8) Medium Density
Residential, (Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owner" made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before
the Meridian City Council, as to how the subject "Prope11y" will be
developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Propelty" held before the
DEVELOPMENT AGREEMENT (AZ 05-027) MAXFIELD SUBDIVISION)
PAGE] OF ]0
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 23rd day of August, 2005, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter refened to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owner/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "OWNER" 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 requests; and
1.10 WHEREAS, "City" requires the "Owner/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 development
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 re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6,2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12,
NOW, THEREFORE, in consideration ofthe 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.
DEVELOPMENT AGREEMENT (AZ 05-027) MAXFIELD SUBDIVISION)
PAGE 2 OF 10
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
3.2
3.3
4.
"CITY": means and refers to the City of Meridian, a pmiy 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 Idaho Avenue,
Meridian, Idaho 83642.
"OWNERlDEVELOPER": means and refers to Cottage Investors ~
II, LLC, whose address is 1920 Mayflower W ay,~' taR; ID--8%4'2- ((!.Y
. . . N>:e- gO) lJC
the party developl11g Said "Property" and shalll11clu e any sUbsequ61f
developer(s) of the "Property".
"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 annexed and
zoned R-8 (Medium Density Residential) attached hereto and by this
reference incorporated herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (D) which are herein specified as follows:
Construction and development of either a conditional use permit or
a planned development application shall be submitted to the City of
Meridian prior to a future development in the R-8 zone, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to tltis AZ 05-027 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted
to "City" an application for conditional use permit site plan dated May 23,2005, and shall be
required to obtain the "City'" approval thereof, in accordance to the City's Zoning and
Development Ordinance criteria, therein, provided, prior to, and as a condition of, the
DEVELOPMENT AGREEMENT CAZ 05-027) MAXFIELD SUBDIVISION)
PAGE 3 OF 10
commencement of construction of any buildings or improvements on the "Property" that
require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1, "Developer" shall develop the "Propeliy" in accordance with the following
special conditions:
1. That the applicant agrees to construct no more than six (6) additional
primary structures on this site. Said structures shall be limited to five
(5) retirement homes and one (1) clubhouse building.
2, That the applicant is required to hook-up the existing single-family
home to city sewer and water with the construction of Phase 1, not
before.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with
Section 6 entitled "Conditions Governing Development of Subject Property" of this
agreement within two years of the date this Agreement is effective, and after the "City" has
complied with the notice and hearing procedures as outlined in Idaho Code ~ 67-6509, or any
subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply with
this Agreement to "OwnerlDeveloper" and if the "Owner/Developer"
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "Owner/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
DEVELOPMENT AGREEMENT CAZ 05-027) MAXFIELD SUBDIVISION)
PAGE 4 OF ]0
thereofin accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event "Owner/Developer", "OwnerlDeveloper's" heirs,
successors, assigns, or subsequent owners of the "Propelty" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
I 0.2 A waiver by "City" of any default by "Owner/Developer" of anyone
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions,
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner's" cost, and submit proof of such recording to "Owner", 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.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13, REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "OwnerlDeveloper", or by any successor or successors in title
or by the assigns ofthe 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,
13.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner" shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
DEVELOPMENT AGREEMENT (AZ 05-027) MAXFIELD SUBDIVISION)
PAGE 5 OF 10
party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot with
diligence be cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity,
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" or "City" is delayed for
causes which 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 oftime of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, celiified check or negotiable bonds, as
allowed under Meridian City Code ~ 12-5-3, to insure that installation of the improvements,
which the "Owner/Developer" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "OwnerlDeveloper" agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the pmiies 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;
DEVELOPMENT AGREEMENT (AZ 05-027) MAXFIELD SUBDIVISION)
PAGE 6 OF 10
CITY:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E, Idaho Ave.
Meridian, ID 83642
Cottage Investors II, LLC
1920 Mayflower Way
Meridiaa; ID &31Jzl:2 C..'')'-
BOe,SG 9:s1 Of e~
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
17.1 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.
18. 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 may be granted, to court costs and reasonable attorney's fees as
determined by a Comi 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.
19. 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.
20. 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" of the "Property", each subsequent owner and
any other person acquiring an interest in the "Property". Nothing herein shall in any way
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", to execute appropriate and recordable evidence of
DEVELOPMENT AGREEMENT (AZ 05-027) MAXFIELD SUBDIVISION)
PAGE 7 OF 10
termination of this Agreement if"City", in its sole and reasonable discretion, had detennined
that "Owner" has fully performed its obligations under this Agreement.
21. 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.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/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/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, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions goveming 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.
23. 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 cOlmection with the mmexation and zoning of the "Property" and execution of
the Mayor and City Clerlc
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPER:
}j,JjJ 11'~ eN
~. 1.$ L
GAROLD MAXFIEL on behalf of
COTTAGE INVESTORS II, LLC
DEVELOPMENT AGREEMENT (AZ 05"027) MAXFIELD SUBDIVISION)
PAGE 8 OF 10
CITY OF MERIDIAN
Attest:
-
-
DEVELOPMENT AGREEMENT (AZ 05-027) MAXFIELD SUBDIVISION)
PAGE 9 OF 10
STATE OF IDAHO, )
: ss:
County of Ada, )
On this;:Z 7 'Plday of ( 1;/JL'/!'iJ/)'&/h 2005, before me, the undersigned, a
Notary Public in and for said State, pe'rsonally appeared Garold Maxfield on behalf of
Cottage Investors II, LLC, known or identified to me to be the
C t:-O of said corporation, who executed the instmment on behalf of
said corporation, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and ye~I\~~1(q\\!Htt)~Jificate first above written.
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STATE OF IDAHO )
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County of Ada )
On this Lj-lf-- day of tJ ~bpy- , 2005, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instmment or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
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DEVELOPMENT AGREimffiNT CAZ 05-027) MAXFIELD SUBDIVISION)
PAGE 10 OF 10
Lan
urveys, Inem
4696 W. Overland Rd. STe 162/lBoise ldahoLl83705i\208-342-7957~08-342-7437 FAX
MAXFIELD ANNEXATION
LOT 5 OF THE AMENDED PLAT OF LOTS 3, 4, 5, 6 AND 7 OF GOLDEN EAGLE ESTATES AND A
PORTION OF SOUTH EAGLE ROAD AND WEST FALCON DRIVE RIGHTS OF WAY SITUATED IN THE
NORTH % OF THE NORTHWEST %, SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO
Lot 5 of the Amended Plat of Lots 3, 4, 5, 6 and 7 of Golden Eagle Estates and a portion of
the South Eagle Road and West Falcon Drive Rights of Way situated in the North % ofthe
Northwest 'Y4, Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho more particularly described as follows;
Beginning at the found Brass cap marking the Northwest corner of Section 28, T.3N, R.1 E,
from which the found Brass Cap marking the North 'Y4 corner of Section 28 bears South
89036'03" East;
thence along the West boundary line of said Section 28, South 00027'43" West a distance
of 1320.99 feet to a found 5/8 inch rebar with no cap marking the N 1/16 of said Section 28
at the TRUE POINT OF BEGINNING.
thence along said Section line and the center line of South Eagle Road, North 00027'43"
East a distance of 663.95 feet to a point of intersection with West Falcon Drive;
thence along the center line of said West Falcon Drive the following courses and
distances:
South 89. 32' 17" East a distance of 50.11 feet to a point at the beginning of a curve to the
right;
Along said curve to the right having a length of 44.48 feet, a radius of 42.85 feet, a central
angle of 59028'27", tangents of 44.48 feet, and a long chord which bears South 59048'04"
East, a distance of 42.51 feet to a point;
South 30003'50" East a distance of 164.85 feet to a point at the beginning of a curve to the
left;
Along said curve to the left having a length of 80.26 feet, a radius of 75.00 feet, a central
angle of 61 018' 47", tangents of 44.45 feet, and a long chord which bears South 60043'13"
East, a distance of 76.48 feet to a point;
North 88037'231' East a distance of 127.44 feet to a point at the beginning of a curve to the
left;
along said curve to the left having a length of 20.08 feet, a radius of 75.00 feet, a central
angle of 15020'25", tangents of 1 0.1 0 feet, and a long chord which bears North 80057'11"
East, a distance of 20.02 feet to a point;
North 73016'58" East a distance of 65.38 feet to a point;
thence leaving said center line South 16.43'02" East a distance of 25.00 feet to a set 5/8
inch rebar with plastic cap stamped "FLSI PLS 7612" at the north corner common to Lots 5
and 6 Block 1 of the Amended Plat of Lots 3, 4, 5, 6 and 7 of Golden Eagle Estates
Subdivision;
thence along the line common to said Lots 5 and 6, South OQQ21 '38" West a distance of
467,09 feet to a set 5/8 inch rebar with plastic cap stamped "FLSI PLS 7612" at the south
corner common to said Lots 5 and 6 and to the North 1/16 line of said Section 28;
thence along the south line of said Lot 5 and along said North 1/16 line North 89030'16"
West a distance of 455.55 feet to the TRUE POINT OF BEGINNING.
Containing 5.502 acres, more or less.
Subject to existing easements and rights-of-way as any may exist, of record or not of
record.
The Basis of Bearings for this description is between the found Brass cap marking the
Northwest corner of Section 28, T.3N, R.1 E, from which the found Brass Cap marking the
North % corner of Section 28 bears South 89036'03" East.
'--
Timothy J. Fox, PLS 7612
D;\PROJECTS\200S\05-OOS.PIUlPROJECT\DESCRIPTIONS\50S-SUB ANNEX DESC,DOC
EN 0 OF DESCRIPTION
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MERIDIAN PUBLIC
WORKS DEPT.
CITY OF :MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 5.5 Acres from RUT (Ada County) to R-8
(Medium Density Residential) AND Preliminary Plat Approval of Two (2) Buildable Lots
on 4.7 Acres AND Conditional Use Permit Approval for a Planned Development Consisting
of an Assisted Living Facility Containing 5 Buildings with Each Building Containing 15
beds for Maxfield Subdivision for Maxfield Subdivision, by The Land Group, Inc.
Case No(s): AZ-05-017, PP-05-027, CUP-05-034
For the City Council Hearing Date of: August 23, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
ofthe external boundaries ofthe property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code g67-
6509.
The matter was duly considered by the City Council at the August 23,2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b, Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and du1y considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67 ~6S09, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-027 ! PP-OS-027 ! CUP-OS-034- PAGE 1 of 5
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is Cottage Investors II, LLC.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits G, H, and I for the findings required for these applications.
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 (LC. S67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, 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 August 6,2002, Resolution No. 02.382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
S 11-17-9,
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 Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7, That this approval is subj ect to the Legal Descriptions in Exhibit A, the Preliminary
Plat dated May 13, 2005 as shown in Exhibit B, the Site Plan dated May 13, 2005 as
shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the
Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the
CUPIPD Site Specific and Standard Conditions as shown in Exhibit F. 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
CITY OF MERIDIAN FINDiNGS OF FACT, CONCLUSiONS OF LAW AND DECrSION & ORDER
CASE NO(S). AZ-OS-027 I PP.OS-027 / CUP-05-034- PAGE 2 of S
Pursuant to the City Council's authority as provided in Meridian City Code S 12*3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated May 13,2005 is hereby conditionally approved;
2, The applicant's Site Plan as evidenced by having submitted the Site Plan dated May
13,2005 is hereby conditionally approved; and,
3. The Site Specific and Standard Conditions are as shown in Exhibits E and F,
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must conunence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. lfthe completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase, In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. lfthe successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
2, Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003~ the Owner may
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-027/ PP-05-027 I CUP-05-034- PAGE 3 of5
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, pursuant to Idaho Code g 67~6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval 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. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat (with conditions)
Exhibit C: Approved Site Plan (with conditions)
Exhibit D: Annexation and Zoning Comments
Exhibit E: Preliminary Plat Site Specific and Standard Conditions
Exhibit F: CUP/PD Site Specific and Standard Conditions
Exhibit G: Zoning Amendment Findings
Exhibit H: Preliminary Plat Findings
Exhibit I: CUP/PD Findings
By action of the City Council at its regular meeting held on the ;13 ('cY day of
A"l:J i""'* j , 2005.
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED l~ D. /
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED l tf & -'
COUNCIL MEMBER KEITH Bllill
VOTED C~O..
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-05-027 / PP-OS-027 / CUP-05-034- PAGE 4 of 5
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
------
SEAL
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Copy served upon Applicant, The Plannirtg-~~~~~,L)epartment, Public Works Department
and City Attorney.
Attest:
By: ~)Jl~{)w-.
City Clerk's Office
Dated: q - \ '2 -OS
CiTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-027! PP.05-027 / CUP-05-034- PAGE 5 of5
EXHmIT A
Maxfield Subdivision
AZ-05-027
Legal Description
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North 88"37'23' East a distance of 127,44 feet to a point atlha beginning of a curve 10 !he
left;
along said Curve lo the laft having a lenglh of 20.08 feet, a radius of 75.00 feet, a central
angle of 15.20'25'. tangents of 10.10 feet, and a lcog chord which bears North 80.57'11~
East, a distance of 20.02 feet 10 a point;
North 73.16'58' Easl a dislance of 65.38 feet to a point;
thence leaving said center Hne South 16"43'02" East a distance of 25. 00 feellO a 0015/8
inch rebsr with plastic cap stamped 'FLSI PLS 7612" at the north comer common to Lots 5
and 6 Block 1 of the Amended Plat of Lots 3, 4, 5. 6 and 7 of Golden Eagle E51ales
Subdivision;
Ihence along the line common to said l.ots 5 end 6, South 00.21'38" West a distance or
467.09 fael to a set 518 inch rebar with plastic cap stamped 'FL$I PLS 1612" atlhe south
COfnGf common to said lots 5 and 6 and to !he North 1/16 line of said Section 28',
thence along !he south line of sald Lot 5 and along !>aid North 1116 line North 00030'16'
West a distance of 455.55 feet 10 !he TRUE POINT OF BEGINNING.
Containing 5.502 acres, more or IGss.
Subject to existing easements tlnd rights-of-way as any may eXIst, of racord or not of
record
The Basis of Bearings for this description is between !he found Brass cap marking the
Nonnwesl comer of Section 28, T.3N. R 1 E, from wnich the found Brass Cap maffi.ing the
North y. corner of Sedion 28 bears South 89"36'03' East.
rimothy J. Fox. PLS 7612
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EXHIBIT B
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Maxfield Subdivision
PP-OS-027
Approved Preliminary Plat
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MAXFIELD SUBDIVISION
CITY OF MERIDIAN
ADA COUNTY. rnAHO
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EXHIBIT C
Maxfield Subdivision
CUP-05-034
Approved Site Plan
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MAXFIELD suaOlVlSION
CITY OF MERIDIAN
ADI\ COIINTY, In~.HO
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EXBmIT D
Maxfield Subdivision
AZ-05~027
Annexation and Zoning Comments
ANEXA TION & ZONING FACTS AND COMMENTS
1. The legal description submitted with the application (dated 5-13-05, stamped by
Timothy J. Fox, PLS) shows the property as contiguous to the existing corporate
boundary ofthe City of Meridian and is approved.
2. Any future subdivision, uses and construction on this property shall comply with the
City of Meridian ordinances in effect at the time.
3. Prior to the annexation and zoning ordinance approval, a Development Agreement
(DA) shall be entered into between the City of Meridian, property owner (at the
time of annexation ordinance adoption), and the developer. The applicant shall
contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA
shall incorporate the following:
. That the applicant agrees to constroct no more six (6) additional primary
structures on this site. Said structures shall be limited to five (5) retirement
homes and one (1) clubhouse building.
.. That the applicant is required to hook-up the existing single-family home to
city sewer and water with the construction of Phase L not before.
EXHIBIT E
Maxfield Subdivision
PP-05-027
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS lPRELIMlNARY PLAT)
1. All conditions of the concurrent Annexation and Zoning (AZ-05-027) and
CUPIPD (CUP-05-034) applications shall also be considered conditions of the
Preliminary Plat (PP-05-027). The preliminary plat prepared by The Land Group,
Inc., dated 5-13-05 and labeled PP-l is approved with the changes and notes listed
below,
2. The Landscape Plan prepared by The Land Group, Inc., labeled sheet 11,0, dated
5-13-05, is approved with the following modification;
· In addition to the 20-foot wide buffer along the south property line and along the
north property line of Lot 1 that is adjacent to Lot 2, construct a 2Q-foot wide
landscape buffer along the east property line adjacent to the retirement homes.
3. Prior to the City Engineer's signature of the final plat, the existing structure(s) on
Lot 1 shall be removed, as proposed.
4, Underground year-round pressurized irrigation must be provided to all lots within
this development (MCC 12-S-2.N), The City of Meridian requires that pressurized
irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3).
The applicant shall be required to utilize any existing surface or well water for the
primary source. The applicant shall be responsible to prove to the Public Works
Department that a surface or well source is not available prior to using City water
as its primary source. If a single-point connection is utilized; the developer shall
be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer. An underground, pressurized
irrigation system shall be installed to all landscape areas per the approved
specifications and in accordance with MCC 12-13-8 and MCC 9-1-2.
5. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners),
with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can not be obtained; plans will be reviewed
and approved by the City Engineer prior to final plat signature,
6, A detailed fencing plan shall be submitted upon application of the final plat. If
pennanent fencing is not provided; temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of building
permits. All fences shall taper down to 3 feet maximum.within 20 feet of all right-
of-way_ All fencing should be installed in accordance with MCC 12-4-10.
Construct a 5-foot taU vinyl fence around the perimeter of the subdivision.
7. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord, 557, 10-1-91) for all
off.street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog
of Storm Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies_ Off-site disposal into a surface water is
prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant
is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
8. The applicant shall be responsible for the assessments and the actual connection
of sewer and water to the existing house located on this project.
9. Any existing domestic wells andlor septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
10. Water service shall be via main line extension from the existing mains adjacent to
the subject site. The applicant shall be required to extend water mains to and
through the proposed development, thereby making them available to adjacent
properties. The subdivision designer to coordinate main sizing and routing with
the Public Works Department. The applicant shall execute City of Meridian
standard forms of easements, for any mains that are required to provide service.
11. Sanitary sewer to this site is being proposed via extension of a main line located
in Eagle Road past the southern boundary of this project. The conceptual
engineering shows the sewer at design grades greater than the minimum allowed
for eight-inch sewer. The applicant shall be responsible to construct sewer mains
to and through this project. Subdivision designer to coordinate main sizing,
grades, and routing with the Public Works Department. Applicant shall execute
City of Meridian standard fonus of easements, for any mains that are required to
provide service.
12. All sewer and water mains that are not in the ACHD right-of-way shall be
centered in 20-foot wide easements, said easements shall be free of mature
landscaping and fixed vertical structures.
13, The applicant shall be required to pay Public Works development plan review,
and construction inspection fess, as determined during the plan review process,
prior to signature on the fmallat per Resolution 02-374.
14. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash
surety in the amount of 110% will be required for all fencing, landscaping,
pressurized irrigation, sanitary sewer, water, etc. that has not been completed.
15. All required sidewalks shall be constructed in accordance with MCC 12-S-2.K.
Prior to signature of the final plates), all sidewalks shall be constmcted or a
fmandaI guarantee that said improvements will be completed shall be provided
(MCC 12-5-3),
16. Streetlights will be required at locations designated by the Public Works
Department. All streetlights shall be installed at the expense of the Applicant.
Typical locations are at street intersections and/or fire hydrants. Pinal design
locations and quantity are determined after power designs are completed by Idaho
Power Company. The street light contractor shall obtain design and permit from
the Public Works Department prior commencing installations,
1 7 . Please submit groundwater/soils monitoring data, as collected and analyzed by a
soils scientist, to the Public Works Department for review. Any drainage areas
(detention/retention basins) must be designed to ensure that water will percolate
or discharge with a period of time not to exceed 24-hours for all storms up to and
including a 100~year storm events. Side slopes within drainage areas shall not
exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or
other approved landscaping) shall not count towards the required open space area,
The project engineer should pay close attention to the results of field studies
determining the groundwater, soil type & and characteristics during the design
and construction phases. The engineer shall be required to certify that the street
centerline elevations are set a minimum of 3~feet above the highest established
nonnal groundwater elevation,
18. Compaction test results must be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
19. Place a note on the face of the final plat stating that vehicular access to Eagle
Road is prohibited.
20. The applicant shall be responsible for application and compliance with any
NPDES pennitting that may be required by the Environmental Protection
Agency.
21. The applicant shall be responsible for application and compliance with any
Section 404 Pennitting that may be required by the Army Corps of Engineers.
22. Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the Applicant of responsibility for
compliance.
23. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC ] 2-2-4,
OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS
SANITARY SERVICES COMPANY (SSC)
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of yoUr
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application(s).
MERIDIAN FIRE DEPARTMENT
1, To qualify for an "R" occupancy, each building shall contain 5 or fewer non~
ambulatory residents.
2. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b, The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h, Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5,
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
NOTE: No turnaround required for driveway between buildings 1 and 2 due to
buildings being fire sprinkled.
5. AU common driveways shall be straight or have a turning radius of28' inside and
48' outside and shall have a clear driving surface which is at least 20' wide.
6. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section D103.6 Signs.
7, Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
8. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
9. The proposed multi~family lot has an unknown population at build out The Meridian
Fire Department has experienced 2612 responses in the year 2004. According to a
report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
10. The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support. The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
11. The first digit of the Apartments/Suites shall correspond to the floor level for any
multi-story buildings.
12. The applicant shall work with Fire Department staff to provide an address
identification plan including a pylon/monument sign at the required intersection
(near the entrance).
13. The Fire Dept. has concerns about the ability to address the project and have the
addresses visible from the street which the project is addressed off of. Please
contact Joe Silva (888"1234) to address this concern prior to the public hearing.
All buildings shall be addressed off of Fa1con Drive, not Eagle Road.
14. Provide exterior egress lighting as required by the International Building & Fire
Codes.
15. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (I83 m).
b. For buildings equipped tlrroughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
16. There shall be a fire hydrant within 100' of all fire department connections,
MERIDIAN PARKS & RECREATION DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-]3-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
MERIDIAN POLICE DEPARTMENT
1. The proposed development andlor plat do not offer natural surveillance
opportunities of the public areas. Prior to the next public hearing, the applicant
shall meet with the Police Chief to discuss features that increase visibility,
including but not limited to: doors and windows that look out on the public areas,
front porches, and adequate nighttime lighting. The landscaping plan may need to
be revised in accord with those discussions,
2. The proposed dwellings show more than 4 units that share a common entrance
and/or stairwell. Such configurations are a safety concern. Prior to the next public
hearing, the applicant shan meet with the Police Chief to address these concerns
and revise the plans if necessary.
3. The proposed multi-family development shall limit landscaping shrubs and
bushes to species that do not exceed three feet in height.
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
I. Dedicate a total of 48-feet of right-of-way from the centerline of Eagle Road
abutting the parcel by means of a warranty deed. The rigbt-of-way purchase and
sale agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required pennits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material, The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #200), if funds are available.
2. Construct a 5~foot concrete sidewalk on Eagle Road abutting the site. The
sidewalk should be constructed a minimum of 4I-feet from the centerline of Eagle
Road,
3. Construct Falcon Drive as one half of a 40~foot street section with vertical curb,
gutter and a 5- foot detached concrete sidewalk. Provide the District with an
easement for the sidewalk that extends outside of the right-of-way.
4. Construct a 24-foot wide curb return type driveway that intersects Falcon Drive
approximately I38-feet west of the east property line, as proposed, Pave the
driveway its full width and at least 30-feet into the site beyond the edge of
pavement ofthe roadway and install pavement tapers with I5-foot radii abutting
the existing roadway edge, '
5. All access to Eagle Road is prohibited,
6, Comply with all Standard Conditions of ApprovaL
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-ai-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction ofthe proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. 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,
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy,
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also mown as Ada County Highway District
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right~of-way, The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction,
10. 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 the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject oftrus application, shall require the applicant to comply with aU rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted,
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare~ Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4, Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stonnwater management system that prevents groundwater and surface water
degradation.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. If all storm drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no further review will be required.
2. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District
requires that a Land Use Change Application is filed for review prior to final
platting.
3. All laterals and waste ways must be protected. The developer must comply wit
Idaho Code 31 ~3805. It is recommended that irrigation water be made available to
all developments within the Nampa & Meridian hrigation District.
EXHIBIT F
Maxfield Subdivision
CUP-OSM034
CUPIPD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (CONDITIONAL USEIPD)
1. All conditions of the concurrent Annexation and Zoning (AZ~05-027) and
Preliminary Plat (PP-OS-027) shall also be considered conditions of the
Conditional Use Permit (CUPM05-034). The Planned Development site plan
prepared by The Land Group, Inc., on 5-13-05, labeled PD-l, is approved with the
changes listed below.
2. The project shall conform to the R-8 dimensional standards and uses, except as
follows:
+ Multiple principal detached buildings may be constructed on a single lot.
No other variances, exceptions or reductions to the City adopted dimensional
standards or uses are approved with this CUPIPD application.
3. As Planned Development amenities, construct a gazebo, a flower bed of at least
800 square-feet, and a clubhouse, as proposed. Except for the clubhouse, which
shall be constructed prior to issuance of a Certificate of Zoning Compliance
permit fer occupancv of the fourth retirement building, all other required
amenities shall be constructed prior to occupancy of the first retirement home.
4. Set aside at least 10% of the gross land area for open space. as proposed.
5. All building construction shall substantially comply with the elevations prepared
by Medical Design Group, Sheets 4.00 and 4.10. Construction materials used on
the structures shall be approved by City of Meridian Building Department and in
accordance with the most recent Building Code.
6. All parking and areas of circulation shall be paved, striped, and meet the
minimum dimensional requirements of Meridian City Code. MCC requires 90-
degree parking stalls to be 9-feet wide by 19-feet long and have a minimum 25~
foot wide drive aisle adjacent to them,
7, All internal sidewalks shall be constructed as submitted and in accordance with
MCC 12-5-2.K. Sidewalk shall be constructed adjacent to Falcon Drive, including
adjacent to Lot 2.
8. No building or other structure shall be erected, moved, added to or structurally
altered, nor shall any building structure or land be established or change in use on
this site without first obtaining a Certificate of Zoning Compliance (CZC) from
the Meridian Planning and Zoning Department (MCC 11-19-1)_
9. Prior to obtaining certificate(s) of occupancy, all development improvements,
including perimeter fencing) irrigation) and landscaping shall be installed. Prior to
signature of the final plat(s) by the City Engineer, a letter of credit or cash smety
in the amount of 110% will be required for all fencing, landscaping, pressurized
irrigation, amenities, sewer, water, etc.
10, This conditional use permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new conditional use pennit
must be obtained prior to the start of development.
OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS
SANITARY SERVICES COMPANY (SSe)
1, Please contact Bill Gregory at sse (888-3999) for detailed review of yom
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application(s),
MERIDIAN FIRE DEPARTMENT
1. To qualify for an "R" occupancy) each building shall contain 5 or fewer non-
ambulatory residents.
2. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Warks spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
4. The phasing plan may require that any roadway greater than ISO' in length that is
not provided with an outlet shall be required to have an approved turn around.
NOTE: No turnaround required for driveway between buildings 1 and 2 due to
buildings being fire sprinkled.
5. All common driveways shall be straight or have a turning radius of 2W inside and
48' outside and shall have a clear driving surface which is at least 20' wide.
6. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section D 103.6 Signs.
7. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
8. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
9. The proposed multi~family lot has an unknown population at build out The Meridian
Fire Department has experienced 2612 responses in the year 2004. According to a
report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 201 O.
10. The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support. The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
11. The first digit of the Apartments/Suites shall correspond to the floor level for any
multi -story buH dings.
12. The applicant shall work with Fire Department staff to provide an address
identification plan including a pylon/monument sign at the required intersection
(near the entrance).
13. The Fire Dept. has concerns about the ability to address the project and have the
addresses visible from the street which the project is addressed off of. Please
contact Joe Silva (888-1234) to address this concern prior to the public hearing.
All buildings shall be addressed off of Fa1con Drive, not Eagle Road,
14. Provide exterior egress lighting as required by the International Building & Fire
Codes,
15, Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3 .1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
16. There shall be a fire hydrant within 100' of all fire department connections.
MERIDIAN PARKS & RECREATION DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
MERIDIAN POLICE DEPARTMENT
1. The proposed development and/or plat do not offer natural surveillance
opportunities of the public areas. Prior to the next public hearing, the applicant
shall meet with the Police Chief to discuss features that increase visibility,
including but not limited to: doors and windows that look out on the public areas,
front porches, and adequate nighttime lighting. The landscaping plan may need to
be revised in accord with those discussions.
2. The proposed dwellings show more than 4 units that share a common entrance
and/or stairwell. Such configurations are a safety concern. Prior to the next public
hearing, the applicant shall meet with the Police Chief to address these concerns
and revise the plans if necessary.
3. The proposed multi-family development shall limit landscaping shrubs and
bushes to species that do not exceed three feet in height.
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
1. Dedicate a total of 48-feet of right. of-way from the centerline of Eagle Road
abutting the parcel by means of a warranty deed. The right-of~way purchase and
sale agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building pennit (or otherrequired permits), whichever occurs first.
Allow 1.l:P to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #200), iffunds are available.
2. Construct a 5-foot concrete sidewalk on Eagle Road abutting the site. The
sidewalk should be constructed a minimum of 41-feet from the centerline of Eagle
Road,
3. Construct Falcon Drive as one half of a 40-foot street section with vertical curb,
gutter and a 5-foot detached concrete sidewalk. Provide the District with an
easement for the sidewalk that extends outside of the right-of-way.
4. Construct a 24-foot wide curb return type driveway that intersects Falcon Drive
approximately 138-feet west of the east property line, as proposed. Pave the
driveway its full width and at least 30-feet into the site beyond the edge of
pavement ofthe roadway and install pavement tapers with 15-foot radii abutting
the existing roadway edge.
5, All access to Eagle Road is prohibited.
6. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way_
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. 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.
4. 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.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342~ 1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction,
10. No change in the tenus 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 the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regUlations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stonnwater management system that prevents groundwater and surface water
degradation,
NAMPA & MERIDIAN IRIUGATION DISTRICT
1. If all storm drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no further review will be required.
2. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District
requires that a Land Use Change Application is filed for review prior to final
platting.
3. All laterals and waste ways must be protected. The developer must comply wit
Idaho Code 31-3805. It is recommended that irrigation water be made available to
all developments within the Nampa & Meridian Inigation District.
EXHmIT G
Maxfield Subdivision
AZ-05~027
Zoning Amendment Findings
According to Meridian City Code (MCC) 11-15-111 General Standards Applicable to
Zoning Amendments, both the Planning & Zoning Commission and Council are required
"to review the particular facts and circumstances of each proposed zoning amendment in
tenus of the following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment. n
The following is the list of standards found in 11-15-11 and analysis by City Council:
"A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
City Council finds the 2002 Comprehensive Plan Future Land Use Map
designates the subject property as "Low Density Residentia1." The purpose of this
designation is "to allow for the development of single-family homes at densities
of three dwelling units or less per acre. .. Density bonuses may also be considered
with the provision of public amenities such as open space, pathways, or land
dedicated for public services." (See Chapter VII, pg, 95.) The applicant has
submitted a letter listing several Comprehensive Plan policies that support the
proposed applications.
The requested R-8 zone is a medium density residential zone. The Comprehensive
Plan allows one "step" (i.e. low to medium) in densities/zoning without requiring
a Comprehensive Plan amendment. The applicant is requesting the one step up in
density because retirement homes are not pennitted in low density zoning
districts; the R-8 zone is the first available zone to operate retirement homes. City
Council fmds that if the City allows this parcel to step up one residential zoning
district, the requested R~8 zoning will generally conform to this stated purpose
and intent of the low density designation, as allowed by Note #2 on the Future
Land Use Map,
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
If the concurrent preliminary plat and conditional use penuit applications are
approved, City Council does not believe that the applicant intends to rezone the
property in the future.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
The applicant calls the proposed buildings "assisted living" facilities, which are
undefined in MCC 11.2.,.2, but listed as a condition use in MCC 11-8-1.
"Retirement Homes") listed as a conditional use in MCC 11-8-1, but undefined in
MCC 11-2-2, have generally been defined by the City as being independent living
areas with residents capable of self-preservation. Housekeeping and family-style
dining services will be provided to the residents of this community) but the
residents will require minimum assistance (see Applicant's letter). City Council
believes that this will be a non-convalescent facility with residents capable of self-
care. Although retirement homes, nursing homes, and assisted living all require
conditional use permit approval in the requested R-8 zone, based on the
applicant's letter City Council has determined the proposed development to be a
retirement home. Therefore, the concurrent CUP application must be approved for
the development to proceed. The existing single-family home on the proposed Lot
2 is allowed in the requested R-8 zone.
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example~ have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fasWon similar to the proposed rezone area;
Within the last couple of years, this area bas substantially changed, Messina
Village, Tuscany Lakes, Soda Springs and Sutherland Farms Subdivisions have
all begun constructing homes on what was once agricultural land. Further,
Kingsbridge Subdivision was also recently approved for residential development
along Eagle Road in this section. Eagle Road was widened between Overland and
the Ridenbaugh Canal recently, approximately % of a mile to the north. Falcon
Drive has been constructed as a local street abutting the site. Eagle Road adjacent
to this site not been widened in the recent past, but the Eagle RoadNictory Road
intersection is scheduled for improvements in 2006. The majority of the land uses
in the area are still rural with low to medium residential densities. Although the
proposed use is not really similar to any of the other uses in the area, City Council
believes that the proposed zoning for a retirement community seems to be
appropriate for this site and should be compatible with other land uses in the area.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The applicant will be required to construct, operate and maintain the future
buildings in accordance with City Code. According to the Future Land Use Map,
this area is intended for low density residential uses. City Council finds that the
proposed uses, if designed, constructed and operated in accordance with adopted
city ordinances and the PP and CUP conditions of approval, should be
harmonious and appropriate in appearance with the existing and intended
character of the vicinity.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
City Council finds that the proposed units for the elderly should be compatible
with, and compliments the existing single-family residences to the north, south,
east and west. The Commission and Council shall rely on public testimony to
determine whether the proposed uses will be disturbing or hazardous to the
neighboring uses.
G. Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to providc
adequatcly any of such services;
Sanitary sewer is available in Eagle Road past the southern boundary of this
project. Water is available in Eagle Road for the entire frontage of this property,
The applicant and/or future property owners will be required to pay any
applicable park and highway impact fees as well as construct on-site storm water
drainage facilities.
On July 1, 2005, a joint agency and department comments meeting was held with
representatives of key service providers to this property. Based on the joint
meeting and other comments received from agencies and departments, City
Council finds that the public services listed above can be made available to
accommodate the proposed development.
City Council finds that the subject property can be served adequately by all
essential public facilities and City services.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
The Meridian Fire Department has commented that developments for the elderly
may have the potential for more services than typical single-family residential
developments. As noted in the finding above, all public facilities and services can
be provided to this site. All required site improvements will be funded and
constructed by the applicant/developer, City Council finds that the proposed use
will not be detrimental to the economic welfare of the community, nor will the
use create the need for any new facilities or services to be paid for by the public.
l. Will the proposed uses not involve uses, activities, 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;
City Council finds that the proposed uses will create additional traffic on the
adjacent roads. Further~ the parking and maneuvering of cars and pedestrians may
generate additional noise for surrounding properties. However, City Council does
not believe that the additional traffic and noise should be excessive. City Council
finds 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 general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors, if all conditions included in the report are complied
with,
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
City Council fmds that any future use of this site will impact the level and flow of
traffic on the surrounding streets. Access to this site is proposed via two
driveways to Falcon Drive, a local street. One driveway will serve the existing
home, and the second driveway will serve the retirement community. No access to
Eagle Road is proposed. The applicant should comply with ACHD policies in
order to preserve the capacity and movement on the adjacent roadways. City
Council finds that the proposed vehicular approaches to Falcon Drive, should not
create interference with traffic on surrounding public streets (please see ACHD
report for more information).
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council is not aware of any natural or scenic features that may be lost,
damaged or destroyed with the approval of the subject applications.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 1l~17~1992)"
The legal description submitted with the application, prepared by Fox Land
Surveys, Inc., shows that the property is contiguous to the existing corporate
boundary of the City of Meridian. City Council finds that all essential services are
available or will be provided by the developer to the subject property and will not
require unreasonable expenditure of public fUnds. The application substantially
complies with the Comprehensive Plan and Future Land Use Map. The land to
the southwest of the subject property has previously been annexed into the City
and this is a logical expansion of the City boundary. In accordance with the
findings listed above, GiN Council finds that the r~gone of this property would be
in the best interest of the City. NOTE: The City Council has included a
requirement for a Development Agreement on this site,
EXHmIT H
Maxfield Subdivision
PP~05~027
Prelitninary Plat Findings
Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: '~In determining the
acceptance of a proposed subdivision, the Commission/Council shall consider the
objectives oftrus title and at least the following:
A. The conformance of the subdivision with the Comprehensive Development
Plan;
Please see Annexation and Zoning Analysis "A",
B. The availability of public services to accommodate the proposed
development;
Please see Annexation and Zoning Analysis "G",
C. The continuity of the proposed development with the capital improvement
program;
Because the developer will be required to install sewer, water, and utilities for the
development at their cost, the Council finds that a development on this property
will not require the expenditure of capital improvement funds.
D. The public fmancial capability of supporting services for the proposed
development;
See Finding "G" under Annexation and Zoning Analysis, and the Agency
Comments and Conditions.
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
City Council finds that there should not be any health, safety or environmental
problems associated with this subdivision; no hazardous natural features have
been identified on the site. ACHD considers road safety issues in their analysis.
EXHIBIT I
Maxfield Subdivision
CUP-OS-034
CUP/PD Findings
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 (11-
17-3):
A. That the site is large enough to accommodate the proposed use and an yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
The retirement home use requires a minimum of one parking stall for every 5 beds
in the facility, or 15 stalls total (for 75 beds)(MCC 11-13-S.B). The site plan
depicts 51 stalls being provided on the retirement home lot. The minimum
required off-street parking ratio is exceeded for this use.
The applicant is proposing to set aside lO% of the site for open space.
The applicant is not requesting any deviations to the City's standard building
setbacks (yards), open space requirements, parking; landscaping, or any other
features required by ordinance. City Council finds that the site is large enough to
accommodate the proposed uses and all yards, open spaces, parking, landscaping
and other features required by ordinance.
B. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
See Annexation and Zoning Analysis "A".
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;
City Council finds that the general design, construction, operation; and
maintenance of the proposed development should be compatible with other uses
in the general neighborhood and with the existing or intended character of the
area. (See Annexation and Zoning Analysis)
D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
City Council does not anticipate that the proposed development will have an
adverse impact on the surrounding property.
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see Annexation and Zoning Analysis UGH,
F. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
Please see Annexation and Zoning Analysis "H",
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 general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare. or odors;
Please see Annexation and Zoning Analysis "I".
H. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
Please see Annexation and Zoning Analysis "J".
I. 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.
Please see Annexation and Zoning Analysis "K".