Tomorrow's Hope - AZ-12-014 CUP-12-020CITY OF MERIDIAN E IDIAN~--~
FINDINGS OF FACT, CONCLUSIONS OF LAW .~
AND I D A H O
DECISION & ORDER
In the Matter of Annexation and Zoning of 6.99 Acres of land from the Rl and RUT Zoning
District in Ada County to the R-8 Zoning District and Conditional Use Permit Approval to Develop
a 16-unit Nursing Care Facility on 1.9 Acres of Land in a Proposed R-8 Zoning District for
Tomorrows Hope, Located on the East side of N. Meridian Road, South of E. Ustick Road, by Thair
Pond
Case No(s). AZ-12-014 and CUP-12-020
For the City Council Hearing Date of: January 22, 2013 (Findings on February 5, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 22, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 22, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 22,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 22, 2013, 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-SA.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-014 and CUP-12-020
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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 Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 22, 2013, 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 § 11-SA 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 and conditional use permit is hereby approved per the
conditions of approval in the attached Staff Report for the hearing date of January 22, 2013,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year 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 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use
not to exceed orte (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-SB-6F).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City within
two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D).
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 two (2) year approval period (UDC 11-SB-
3F).
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-014 and CUP-12-020
-2-
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 a8er 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 January 22, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-014 and CUP-12-020
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action of the Ci Council at its regular meeting held onthe - day of
By tY
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
'de Weerd
Attest:
aycee H~l~nan, City Clerk
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-014 and CUP-12-020
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EXHIBIT A
STAFF REPORT E IDIAN~-
Hearing Date: January 22, 2013
IDAHO
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: AZ-12-014 and CUP-12-020 -Tomorrow's Hope
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Thair Pond, has applied for annexation and zoning (AZ) of two (2) parcels consisting
of 6.99 acres of land from the RUT and R1 zoning district in Ada County to the R-8 (Medium
Density Residential) zoning district. Concurrently, a conditional use permit (CUP) is requested to
develop a 16-unit nursing care facility on the northern 1.9 acre parcel.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed development with the conditions of approval listed in
Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian
Planning & Zoning Commission heard these items on December 20, 2012. 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: Denise Lauerman and Thair Pond
ii. In opposition: Several commenting on the application were in opposition as noted
below.
iii. Commenting: Michael Allen (against), Lauren and JoeTemple (against), Peggy and
Louis Martinez (neutral), Joel Conger (neutral), Jodv Styles (opposition) and Thair
Pond
iv. Written testimony: Denise Lauerman. the applicant's representative in agreement with
the staff report.
v. Staff presenting application: Bill Parsons
vi. O_ t_her staff commenting on application: Ted Baird
b. Kev Issue(s) of Discussion by Commission:
i. Based on the public testimony, the Commission requested further explanation on the
operational characteristics of the facility and the regulations governing such a facility.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
he Meridian Citv Council heard these items nn .Tanuarv 22.2013. At the public hearing. the
ouncil annroved the subject AZ and CUP reaue t
g, ummarv of City Council Public Hearing:
L In favor: Denise Lauerman
i4 In opnosition: None
iii. Commentin¢: None
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 1
EXHIBIT A
iy. Written testimony: None
y~ Staff nresenting apnlication: Bill Parsons
yl: Other staff commenting on apnlication: None
12.. ev Issues of Discussion by Council:
~, Future connectivity with the R-4 nronerty to the north.
~ ev Council Changes to Staff/(''nmmicsinn R .cnmmendatjon
1: None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-12-
014 and CUP-12-020, as presented in the staff report for the hearing date of January 22, 2013 with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-12-014
and CUP-12-020, as presented during the hearing on January 22, 2013, for the following reasons:
(you must state specific reasons for denial and what the applicant could do to obtain your approval in
the future).
Continuance
I move to continue File Numbers AZ-12-014 and CUP-12-020 to the hearing date of (insert continued
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location: (Parcel #'s S1106222656 and 51106222636)
The site is located on the east side of N. Meridian Road, south of W. Ustick Road, in the NW '/4
of the NW '/4 of Section 6, Township 3 North, Range 1 East.
B. Owner/Applicant:
Thair Pond
2980 N. Meridian Road
Meridian, ID 83646
C. Representative:
Matt Adams, The Land Group, Inc.
462 E. Shore Drive, Ste. 100
Eagle,lD 83616
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and a conditional use permit. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: December 3, and December 17, 2012 (Commission);
December 31, 2012 and January 14, 2013 (Council)
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 2
EXHIBIT A
C. Radius notices mailed to properties within 300 feet on: November 29, 2012 (Commission);
December 27, 2012 (Council)
D. Applicant posted notice on site by: December 5, 2012 (Commission); January 9, 2013 (Council)
VI. LAND USE
A. Existing Land Use(s): The two properties are held under the same ownership, developed with a
single family home and several outbuildings.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is
primarily rural in nature.
1. North: Single-family residential property, zoned R-4
2. East: County properties, zoned R1
3. South: Silhouette Subdivision and Highgate Subdivision, zoned R-8
4. West: County residences, zoned RUT
C. History of Previous Actions: NA
D. Utilities:
1. Public Works:
a. Location of sewer:. N Meridian Road
b. Location of water: Two connections will be required one from N Meridian Road.
Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Creason Lateral transverses the southern boundary.
2. Hazards: Staff is unaware of any hazards that may exist on this property.
3. Flood Plain: This property does not lie within the flood plain or flood way.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The two properties are designated "Medium Density Residential" (MDR) on the Comprehensive Plan
Future Land Use Map. The MDR designation allows smaller lots for residential purposes within city
limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. At this
time residential development is not proposed.
The applicant is proposing to develop a portion (NWC) of the site with a nursing care facility.
Although, the proposed use of the site is not medium density residential as designated on the future
land use map, staff believes the residential nature of the proposed nursing care facility is a form of
residential development and will be compatible with adjacent residential uses. Therefore, staff
believes the proposed use is appropriate use on this site since these types of facilities tend to generate
less traffic and noise than your typical non-residential uses.
The applicant has provided a concept plan that depicts the relationship between the proposed nursing
care facility and future development of the remaining acreage. The intent of the plan is to illustrate
how the proposed nursing care facility may integrate with a future residential development and
provide future connectivity between these two properties and adjacent property to the east. Further,
development of the site will be assessed for compliance with the comprehensive plan and the UDC
standards.
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 3
EXHIBIT A
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter 3, pg. 53).
Currently, the property is developed with a single family home and several outbuildings. The
applicant is proposing to construct and operate a small scale nursing care facility on the north
parcel. The proposed development will consist of two (2) single story 2, 800 square foot buildings.
Each building will house a maximum of eight (8) residents who will be under 24 hour
supervision. The structures have been designed to emulate single family homes. Other than the
usual shift changes and visitors, traffic generation should be minimal to the facility.
The proposed facility has been located near S. Meridian Road and the buildings have been
oriented on the site to screen the parking area from the single family home to the north which is
approximately 85 feet away. Based on the site design and building design, staff is of the opinion
the proposed facility is compatible with surrounding residential uses.
• Require all commercial and industrial businesses to install and maintain landscaping (Chapter 2,
pg. 14).
Street buffer landscaping and internal parking lot landscaping are depicted on the landscape
plan for the proposed project. All landscaping shall be installed and maintained on the site in
accordance with the standards listed in UDC 11-3B.
• Ensure that high-quality emergency care, primary, outpatient, home, and long-term care and other
types of health care are provided in the community (Chapter 2, pg. 15).
Staff is supportive of the proposed nursing care facility and believes it will contribute to the
variety of long term health care options available in the community.
• Restrict private curb cuts and access points on collectors and arterial streets (Chapter 3, pg. 54)
Only one access exists to/from Meridian Road, an arterial street. Since local street access is not
available and may not be for quite some time, cross access is required so the proposed facility
has access to Meridian Road. As part of the application submittal, a draft cross access agreement
was submitted. A recorded cross access agreement will be required prior to the issuance of a
certificate of zoning compliance.
• Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City. (Chapter 3, pg. 45)
The existing home is already connected to City sewer. The submitted plans depict City services
being extending with the development of the site. This includes a water connection to the existing
residence. The applicant should coordinate with Land Development on the routing, sizing and
extension of these services.
• Require street connections between subdivisions at regular intervals to enhance connectivity and
better traffic flow (Chapter3, pg. 48).
The applicant has submitted a concept plan that depicts the general location of a future local
street. The future street will provide local street access to the proposed project as well future
development on the adjacent parcel to the east. A recommended provision of the development
agreement requires a stub street be provided in the general location as depicted on the submitted
concept plan.
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 4
EXHIBIT A
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) 11-2A-21ists the permitted, accessory, and
conditional uses in the R-8 zoning district. The proposed assisted living facility is classified as a
nursing/residential care facility use per UDC 11-1A-1. A conditional use approval is required in
accord with UDC Table 11-2A-2. Additionally, specific use standards apply to this type of use
(see UDC 11-4-3-29).
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2A-6 for the requested R-8 zoning district.
D. Landscaping
1. Width of street buffer(s): 25 feet adjacent to N. Meridian Road.
2. Width of buffer(s) between land uses: NA
3. UDC 11-3B-8C regulates the parking lot standards of the development code.
4. Tree Preservation: Mitigation is required for all existing healthy trees 4-inch caliper or greater
that are removed from the site with equal replacement of the total calipers lost on site up to an
amount of 100% replacement. No trees are proposed to be removed; however there are
several existing trees on the site that are greater than 4-inch caliper that are proposed to be
retained. The trees must be protected during the construction on the site. The applicant
should coordinate with the City Arborist on an appropriate protection plan.
E. Off-Street Parking: UDC Table 11-3C-6 requires 0.5 vehicle parking spaces per bed. Because
sixteen (16) beds are proposed eight (8) parking stalls are required. Thirteen (13) stalls are
proposed which exceeds this requirement. In addition, UDC 11-3C-6G requires 1 bicycle parking
space be provided for every 25 proposed vehicle parking spaces or portion thereof. Based on this
requirement, a bicycle rack capable of holding a minimum of 1 bike is required to be provided on
the site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Annexation (AZ): The applicant has applied to annex and zone two (2) parcels totaling 6.99 acres of
land with an R-8 zoning district. The requested zone is consistent with the MDR land use designation.
The applicant has provided a concept plan that depicts the relationship between the proposed nursing
care facility and future development of the remaining acreage. The intent of the plan is to illustrate
how the proposed nursing care facility may integrate with a future residential development and
provide future connectivity between these two properties and adjacent property to the east.
Since a portion of the property is proposed to develop at this time (northwest corner of the site) and
there are no plans to develop the remaining acreage, staff is of the opinion that a development
agreement (DA) should be required with the annexation of the property. Staffls recommended DA
provisions are provided in Exhibit B.
The legal description submitted with the application (included in Exhibit C) shows the boundaries of
the property proposed to be annexed.
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 5
EXHIBIT A
Existing Structures: As mentioned earlier, the property is developed with a single family home and
several accessory buildings. One of the existing barns is constructed adjacent to the proposed nursing
care facility. The larger of the two parcels is developed with the primary residence. Since the property
is held under common ownership and developed in the county, the proposed barn will remain
ancillary to the main residence. Further, one of the proposed accessory structures along the northern
boundary of the larger parcel appears it may not comport to the R-8 dimensional standards. This
structure will be deemed non-conforming and may remain as is. As depicted on the submitted concept
plan, the proposed property will be reconfigured with a future plat to address the location of these
structures. If the property is subdivided in the future, it appears the proposed structures will comply
with the R-8 dimensional standards.
Conditional Use Permit (CUP): Conditional use permit approval is requested to develop a 24-hour
nursing care facility in a proposed R-8 district. The submitted site plan depicts two (2) 2,800 square
foot buildings and the associated site improvements. Staff has reviewed the proposed site plan and
found it complies with the dimensional standards listed in UDC Table 11-2A-6 for the proposed R-8
zoning district. Further the parking lot is designed in accord with Table 11-3C-5. The site also
complies with the parking requirements of the UDC.
Landscaping: Given the amount of development planned for the site, the applicant is only required to
provide the required landscape buffer along Meridian Road and the associated parking lot
landscaping. The UDC requires a 25-foot wide landscape buffer adjacent to Meridian Road and the
parking lot landscaping must comply with the standards outlined in UDC 11-3B-8C.
The submitted landscape plan complies with the requirements of the UDC. However, additional ROW
may be required by ACHD adjacent to Meridian Road which has the potential to alter the location of
the 25-foot landscape buffer. The applicant should coordinate with ACHD to verify if additional
ROW is going to be required with the development of the site. Since this has a direct bearing on the
proposed site plan a recommended condition will be that the required certificate of zoning compliance
(CZC) will not be approved until there is verification of a permanent twenty-five foot buffer.
Access: The existing access to N. Meridian Road is proposed to serve the existing residence and the
proposed nursing care facility. Since local street access is not available, across-access/ingress-egress
easement is required to be provided to serve the proposed development. Staff recommends that the
applicant provide a recorded cross-access/ingress-egress easement with the submittal of a certificate
of zoning compliance application.
The submitted concept plan depicts a local street to serve the development in the future consistent
with the access management standards in the UDC. The local street network will be evaluated when
the property is subdivided in the future.
Sidewalks: The site plan depicts an existing 5-foot wide attached sidewalk along Meridian Road. The
UDC 11-3A-17C requires detached sidewalks along all arterial streets within the City. Because the
existing sidewalk along Meridian Road was recently constructed with adjacent road improvements,
staff is not recommending construction of a new detached sidewalk. A detached sidewalk will be
reconstructed by ACHD at a later date with the widening of Meridian Road.
Building Design: The applicant has submitted building elevations with this application that are
included in Exhibit A.4. The sample elevations do not call-out the building materials. The elevations
suggest the proposed structures are to be constructed of horizontal lap siding painted in two different
tones. The intent of the design is to emulate single family homes. Staff is supportive of the building
form and roof design.
Both the UDC and the Meridian Design Manual require exterior building designs demonstrate the
appearance and use of high quality materials, including but not limited to, stone, stucco, wood and
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 6
EXHIBIT A
other natural materials. Future structures must comply with the design standards in accord with UDC
11-3A-19 and demonstrate compliance with the guidelines in the Meridian Design Manual.
Specific Use Standards: Per UDC 11-4-3-29, the following standards apply to nursing or residential
care facilities: (staff analysis in italics)
A. General standards:
1. If the use results in more than ten (10) persons occupying a dwelling at any one time, the
applicant or owner shall concurrently apply for a change of occupancy as required by the
building code in accord with Title 10 of this code. The applicant is proposing to construct
two (2) new buildings for the proposed nursing care facility. The applicant shall comply
with the International Building Code requirements for this occupancy class.
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. The
recommended conditions require the applicant to comply with this requirement.
B. Additional standards for uses providing care to children and juveniles under the age of
eighteen (18) years: (Not applicable)
I . 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 (6') 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.
C. Additional standards for uses providing care to patients who suffer from Alzheimer's
disease, dementia or other similar disability that may cause disorientation: Abarrier 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. Each
building will have a separate fenced area for the residents in accord with this standard.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation (PI) systems be
supplied by a year-round source of water. The applicant shall be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. An underground, pressurized irrigation
system is required to be installed in accordance with UDC 11-3A-15.
The owner is requesting the use of domestic water to serve in the interim to irrigate the proposed
nursing care facility. The applicant states the use of surface water from Nampa Meridian Irrigation
District is not feasible. The surface delivery on the east edge of the property is on a rotation with 6
other users and cannot provide a 24/7 water delivery. It is not feasible to construct a pond to store
water for this landscape area and is therefore not feasible for irrigation of the landscape
improvements. The use of the existing domestic well located on the south parcel is not feasible for
use on the north parcel. In the event that one of these parcels was sold, the water source and power
supply for the well would be under the control of a different property owner. The applicant
understands that the use of domestic water for irrigation is not the preferred method but it may be
possible when the remaining property is subdivided and developed the nursing care facility could be
converted and connected to the subdivision PI system and removed from the domestic service.
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 7
EXHIBIT A
The requirements for a pressurized irrigation system may be waived if the property does not have
water rights in an existing irrigation district. The applicant must submit a letter from the Nampa
Meridian Irrigation District verifying the water deficiency. The city's domestic water system is the
last option for providing irrigation water to a proposed development and requires City Engineer's
approval.
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior to
issuance of building permits, for any structure proposed with this application. The site and landscape
plan submitted with the CZC shall be revised to comply with the conditions of approval listed in
Exhibit B of this report or as amended by the Commission or Council and shall be submitted prior to
establishment of the new use.
Design Review (DES): The applicant is required to obtain approval of a Design Review application
for the proposed structures and site design. This application may be submitted concurrently with the
CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and
the guidelines contained in the Meridian Design Manual.
Staff is supportive of the proposed use on this site and finds it is consistent with the Comprehensive
Plan and applicable sections of the UDC and recommends approval of the application.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Concept Plan (dated: 11/09/12)
3. Site Plan (dated: 11/27/12)
4. Landscape Plan (dated: 11/27/12)
5. Building Elevations
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Tomorrow's Hope -AZ-12-014 and CUP-12-020 PAGE 8
EXHIBIT A
7~omorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 8
Exhibit A.1 -Vicinity/Zoning Map
EXFIIBIT A
Exhibit A.2 -Concept Plan (dated: 11/09/12)
Tomorrow's Hope - AZ-12-014 a~~d CUP-12-020 PAGE 9
EXHIBIT A
Exhibit A.3 -Site Plan (dated: 11/27/12) (REVISED)
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Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 10
EXHIBIT A
Exhibit A.4 -Landscape Plan (dated: 11/27/12) (REVISED)
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Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 11
EXHIBIT A
Exhibit A.5 -Building elevations
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Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 12
EXHIBIT A
Exhibit B -Conditions of Approval
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. The applicant
shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the
.property owner and returned to the city within two (2) years of the City Council granting
annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office
prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
A. The applicant shall be responsible for all costs associated with sewer and water service
installation.
B. The applicant shall generally comply with concept plan attached as Exhibit A.2. All future
development of the subject property and expansion of existing structures shall comply with City
of Meridian ordinances in effect at the time of development.
C. Within 60 days of the date of the annexation ordinance approval by City Council, the applicant
is required to hook up the existing home on # 51106222636 to City water, per MCC 9-1-4A.
D. Any future subdivision shall be designed in a manner that any existing structures on the site
comply with the R-8 dimensional standards.
E. The applicant shall dedicate to ACRD the necessary right-of--way (ROW) along N. Meridian
Road. The ultimate ROW width shall be determined by ACRD.
F. Except for construction of the nursing care facility and/or additions or alterations to the
existing structures on the property, no building permits shall be issued on this site until a
subdivision has been approved by the City Council.
1.2 Site Specific Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
Table 11-2A-6.
1.2.2 The applicant shall comply with the Specific Use Standards for nursing/residential care facilities
listed in UDC 11-4-3-29 including the following:
a. 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.
b. A barrier with a minimum height of six feet (6') shall be constructed along the perimeter of
any portion of the site that is accessible to patients with disabilities that cause dementia. The
fencing material shall meet the swimming pool fence requirements of the building code in
accord with Title 10 of this code.
1.2.3 Development of the site shall substantially comply with the site plan, landscape plan, and
building elevations attached in Exhibit A.
1.2.4 The applicant shall revise the landscape plan as follows:
a. The proposed parking areas must be landscaped in accord with UDC 11-3B-8C.
b. Construct a 25-foot wide landscape buffer adjacent N. Meridian Road in accord with UDC
11-3B-7C. Where ACHD is anticipating future widening of the street, the width of the buffer
shall be measured from the ultimate curb location as anticipated by ACRD.
c. There are several existing trees on the site that are greater than 4-inch caliper that are
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 13
EXHIBIT A
proposed to be retained. The trees must be protected during the construction on the site. The
applicant shall coordinate with the City Arborist on an appropriate protection plan.
d. Before city water is to be used for irrigating the proposed nursing care facility, the applicant
must provide documentation from the applicable irrigation district that the property does not
have water rights in an existing irrigation district. The use of domestic water is at the
discretion of the City Engineer. The City Engineer approved the use of domestic water on an
interim basis. However, at the point in time that the surrounding property develops and a
pressurized irrigation system is installed, the facility will be required to discontinue the use of
domestic water and convert over to a pressurized irrigation system.
1.2.5 The applicant shall revise the site plan as follows:
a. Additional ROW (beyond what is depicted on the submitted site plan) may be required by
ACHD adjacent to Meridian Road which has the potential to alter the location of the 25-foot
landscape buffer and site design. The applicant shall verify with ACHD if additional ROW is
going to be required with the development of the site. A certificate of zoning compliance
(CZC) will not be approved until there is verification of a permanent twenty-five foot buffer.
1.2.6 Prior to issuance of a certificate of zoning compliance for the proposed use, the applicant shall
provide staff with a recorded copy of across-access/ingress-egress easement.
1.2.7 Prior to issuance of building permits, the applicant shall obtain approval of a Certificate of
Zoning Compliance and Design Review application. The applicant shall comply with the design
standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
1.2.8 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing
surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the
required improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy.
1.2.9 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.2.10 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.2.11 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.2.12 The applicant shall have a maximum of two (2) years to commence the use as permitted in accord
with the conditions of approval listed above. If the use has not begun within two (2) years of
approval, a time extension may be requested in accord with UDC 11-SB-6F prior to expiration. If
a time extension is not requested or granted and the CUP expires, a new conditional use permit
must be obtained.
2. Public Works Department
2.1 Water service to this site is being proposed via an extension of the existing water main stubbed
into the subject property offN. Meridian Road. The applicant will be responsible to coordinate
main size and routing with the Public Works department.
2.2 Sanitary sewer service to this development is being proposed via a single 6-inch service line
extension off the main in N. Meridian Road, however the 2003 Uniform Plumbing Code prohibits
this design. Instead the applicant will be required to install separate, independent service lines to
each building, or install an 8-inch diameter main extension with a manhole at it's terminus where
separate service line could be connected.
2.3 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 and water infrastructure for a
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 14
EXHIBIT A
duration of two ,~. 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. Please contact Land Development Service for more information at 887-2211.
2.4 The applicant shall execute standard forms of easements for any mains that are required to
provide service. 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.
2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface
water for the primary source. If a surface source is not available, asingle-point connection to the
culinary water system shall be required.
2.7 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters, nor are meters desired in sidewalks. The applicant shall make the necessary
adjustments to achieve this separation requirement and comply with all landscape requirements.
2.8 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.
2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being developed shall be tiled. 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 prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.10 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.11 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to construction plan approval.
2.12 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.15 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.
2.16 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 building pads is at least 1-foot above.
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 15
EXHIBIT A
2. I7 Type 1 street lights shall be required at the north and south ends of the development along N.
Meridian Road frontage per the City of Meridian Public Works Department Improvement
Standards for Street Lighting. All street lights shall be installed at developer's expense. Final
design shall be submitted to the Public Works Department for approved. The street light
contractor shall obtain the approved design on file and an electrical permit from Building
Services prior to commencing installations.
3. Fire Department
3.1 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:
a. Fire hydrants shall have the 4 %" 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'.
£ Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/2" 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.
3.2 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.
3.3 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.
3.4 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC
102.9.
3.5 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
3.6 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.
3.7 The proposed structures must have fire sprinklers.
4. Police Department
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. Parks Department
5.1 Coordinate with City Arborist on a tree protection plan.
6. Republic Service Company
6.1 Republic Service has not provided comments on the subject application.
7. Ada County Highway District (DRAFT CONDITIONS)
7.1 Site Specific Conditions of Approval
7.1 Dedicate 56-feet ofright-of--way from centerline of Meridian Road abutting the site.
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 16
EXHIBIT A
7.2 The applicant should be required to pave the driveway onto Meridian Road located approximately
585-feet south of Ustick Road (measured centerline to centerline) its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway.
7.3 Payment of impacts fees are due prior to issuance of a building permit.
7.4 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACRD 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 ACRD 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 ACRD right-of--way. The applicant shall
contact ACRD Traffic Operations 387-6190 in the event any ACRD 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
ACRD 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 ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
7.12 If the site plan or use should change in the future, 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
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 17
EXHIBIT A
unless awaiver/variance of the requirements or other legal relief is granted by the ACRD
Commission.
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 18
EXHIBIT A
C. Legal Description and Exhibit Map
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711E LAND G120UP, INC.
November 7, 2012
Project No. 112142
Annexation/Re-zone Description
Tomorrow's Hope
6.99 Acres
Exhibit "A"
A tract of land situated in a portion of Government Lot 4 of Section 6, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, described as follows:
COMMENCING at a found aluminum cap which monuments the Northwest Corner of said Section 6,
which bears North 0°16'16" East a distance of 2,658.28 feet from a found 5/8-inch steel pin which
monuments the West One Quarter Corner of said Section 6, thence following the westerly line of
said Section 6, South 0°16'16" West a distance of 427.80 feet to the POINT OF BEGINNING.
Thence leaving said westerly line, South 89°35'54" East a distance of 589.60 feet;
Thence South 0'16'16" West a distance of 609.26 feet to a point on the centerline of the
Onweiler Lateral as described by Highgate Subdivision Phase 2 (a subdivision recorded as at
pages 10,514-10,516, Book 90 of Plats, records of Ada County, Idaho);
Thence following said described centerline of the Onweiler Lateral on the following four
courses:
1. South 80°26'34" West a distance of 1.30 feet;
2. South 88'06'00" West a distance of 67.45 feet;
3. North 85°40'01" West a distance of 72.50 feet;
4. North 67°24'44" West a distance of 49.03 feet to a point on the centerline of the
Onweiler Lateral as described by Silhouette Subdivision (a subdivision recorded as at
pages 9846-9847, Book 87 of Plats, records of Ada County, Idaho);
Thence following said described centerline of Onweiler Lateral on the following four
courses:
1. North 63°59'47" West a distance of 120.07 feet;
2. 78.54 feet along a circular curve to the right, said curve having a radius of 500.00 feet, a
central angle of 9°00'00", a chord bearing of North 59°29'47" West, and a chord
distance of 78.46 feet;
3. North 54°59'47" West a distance of 240.06 feet;
4. North 72°59'47" West a distance of 31.33 feet to the west line of said Section 6;
Thence following the said westerly line of Section 6, North 0°16'16" East a distance of
352.20 feet to the POINTOF BEGINNING.
The above-described tract of land contains 6.99 acres more or less, subject to all existing easements
and rights-of--way. The purpose of this description is for annexation and/or re-zone purposes only
and is not intended to describe or transfer property rights.
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Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 19
EXHIBIT A
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THE LAND CROUP, 1NC.
Attached hereto is Exhibit "B"and by this reference is made a part hereof.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445 (FAX)
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Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 20
EXHIBIT A
Situated in a portion of the Gov't Lot 4 of Section 6,
Township 3 North, Range 7 East, B.M.,.
NW CORNER Ada County, Idaho
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ENGINEERISURVEYOR PROJECT INFORMATION Scale: 1" =100'
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Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 21
EXHIBIT A
D. Required Findings from Unified Development Code
1. Annexation 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
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Council finds the proposed annexation to the R-8 zone is consistent with the MDR
future land use designation.
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The Council finds that the proposed map amendment to R-8 zoning district is consistent
with the purpose statement of the residential districts.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare if the applicant complies with conditions outlined in this
report. However, Staff recommends that the Commission and Council consider any oral
or written testimony that may be provided when determining this finding.
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 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-SB-3.E).
The Council finds the proposed annexation of this site is in the best interest of the City
based on the information contained in the staff report.
2. Conditional Use Permit Findings:
The decision making body shall base its determination on the Conditional Use Permit
request upon the following:
A. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Council finds that the existing site is large enough to accommodate the proposed use
and comply with the dimensional and development regulations of the R-8 zoning district.
The Council finds that if the applicant complies with the conditions of approval in
Exhibit B, development of this site should meet the intent of the UDC.
Staff recommends the Commission and Council rely on Staff's analysis and any oral or
written public testimony provided when determining if this site is large enough to
accommodate the proposed use.
B. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 22
EXHIBIT A
The Council finds that the Comprehensive Plan Future Land Use Map designation for
this property is Medium Density Residential. The proposed use of the site is a nursing
care facility which is residential in nature. For this reason, the Council finds the proposed
use is consistent with the comprehensive plan and the requirements of the UDC.
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 Council finds that, if the Applicant complies with the conditions outlined in this
report, the operation of the proposed nursing care facility should be compatible with
adjacent residential uses and with the existing and intended character of the area. Further,
Council believes that the proposed use will not adversely change the essential character
of the area. The Commission and Council should rely upon any public testimony
provided to determine if the development will be compatible with other uses in the
vicinity.
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 Council finds that, if the applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area. The
Commission and Council should rely upon any public testimony provided to determine if
the development will adversely affect the other property in the vicinity.
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 Council finds that the site will be adequately served by the previously mentioned
public facilities and services.
F. That the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development.
The Council finds there will not be excessive additional requirements at public cost and
that the proposed use will not be detrimental to the community's economic welfare.
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 Council does not anticipate the proposed use will create excessive traffic, noise,
smoke, fumes, glare, or odors or result in activities or processes that will be detrimental
to the general welfare.
H. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic, or historic feature considered to be of major importance.
The Council finds that there should not be any health, safety or environmental problems
associated with the proposed use that should be brought to their attention. The Council
finds that the proposed use will not result in the destruction, loss or damage of any
natural, scenic, or historic feature of major importance.
Tomorrow's Hope - AZ-12-014 and CUP-12-020 PAGE 23