HomeMy WebLinkAboutWest Carol Street AZ
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þ, 17 2005
City Of Meridian
STAFF SUMMARY OF City Clerk Office
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Transmittal Date:
August 17, 2005
Project Name:
Carol Street Professional Office Annexation
Case No(s):
AZ-05-032
Applicant:
James & Carrie Jewett
P&Z Commission Hearing Date(s):
July 21,2005
Recommendation:
Approve with development agreement.
A. Summary of Public Hearing:
1. In favor: Jim Jewett (Applicant).
2. In opposition: Keith McRoberts, Charles Stewart, Gilbert Tuning,
Jennifer McRoberts, Debbie Woodall, Dan Woodall, Jay Jones.
3. Commenting: None.
4. Staff presenting application: Craig Hood.
5. Other staff commenting on application: Anna Canning, Ted Baird.
Lynn Tuning,
B. Key Issues of Discussion by Commission:
1. Appropriate land use for this property.
2. Traffic.
C. Key Commission Changes to Staff Recommendation:
The Commission made two changes to the staff recommendation. The first change requires
the applicant to provide vehicular cross-access to the property to the north. The second
change requires a 20-foot wide buffer along the west property line, ifthe existing shop is
removed. See strikethroagà and bold type in Exhibit C (Annexation and Zoning) for
changes and updates to the staff recommendation.
D. Outstanding Issue(s) for City Council:
The applicant has stated to staff that they believe a 20- foot wide landscape buffer to the
north is not necessary, especially if it redevelops into an office in the near future. The
applicant would like to reduce or eliminate the width of the landscape buffer to the north.
E. Conceptual Site Plan:
1. Date of Conceptual Site/Landscape Plan: June 9, 2005
F. Recommended Comments:
See attached Exhibit "c"
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 0.56 Acres from R6 (Ada County)
to L-O (Limited Office District), by James & Carrie Jewett
Case No(s): AZ-05-032
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')
of the external boundaries of the 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 §67-
6509.
b.
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.
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 on July 21, 2005
and issued a written recommendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 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.
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-032- PAGE 1 of 4
verified that the property owner(s) of record at the time of issuance of these
findings are Richard & Carolyn Haynes.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit D for the findings required for this application.
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 Zoning, Subdivision and
Development Ordinances codified at Titles II 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
§ 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 subject to the Legal Description in Exhibit A, the Conceptual Site
Plan dated June 9, 2005 as shown in Exhibit B, and the Annexation and Zoning
Comments as shown in Exhibit C. 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 § 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 Conceptual Site Plan as evidenced by having submitted the
Conceptual Site Plan dated June 9, 2005 are hereby conditionally approved; and,
2. The Annexation and Zoning Comments are as shown in Exhibit C.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-032- PAGE 2 of 4
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 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 permit 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.
E. Exhibits
Exhibit A:
Legal Description
Conceptual Site Plan
Exhibit B:
Exhibit C:
Annexation and Zoning Comments
Exhibit D: Zoning Amendment Findings
By action of the City Council at its regular meeting held on the
,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER CHRISTINE DONNELL
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Mayor Tammy de Weerd
CITY Of MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-032- PAGE 3 of 4
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISlON & ORDER
CASE NO(S). AZ-O5-032- PAGE 4 of 4
EXHIBIT A
Carol Street Professional Office Annexation
AZ-05-032
Legal Description
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Job No. 05892
J.B.F.
6-8-05
LEGAL DESCIUPTION
FOR
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Annexation Boundary
Part of 1.01 8, Block 4 of Dons Subdivision IQcaled in the Southeast 1/4 ofScction 0,
Townsl¡ip 3 North. Range I East oftbe Boisc M~ridian, Ada County, Idaho dcscrihed as;
Commcncing the Southeast comer of Scction 6, TOWDShip 3 Nonb, Range 1 Ea.~! of the
Boise Meridian, Ada County, Idaho and rwming thence NOOgOO'OI"W 452.21 feel along
the E!lslline ofslÛd Section to the Point of8eginning(sl.Ùd point being at the intersection
of West Carol Drive and South loCust Grove); thence N89g59'1 "W 220-22 feet aJong
the centerline of West Carol Drive; thence NOQoOO' 17'"E 110.62 feet to point on the West
Jine of Lot 8, Block 4 of Doris Subdivision; thence S89"59'22"E 220.21 reel 10 a point nil
the Ea.~1 line of suid Sect,ion; thence 800"'00'01 "E 110.63 feet along said East line to the
point ofbeginning,
Parcel contains 24360 square feet or 0.56 acres,
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EXHIBIT B
Carol Street Professional Office Annexation
AZ-05-032
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EXHIBIT C
Carol Street Professional Office Annexation
AZ-OS-032
Annexation and Zoning Comments
ANEXATION & ZONING FACTS AND COMMENTS
1.
The subject property is within the Urban Services Planning Area. The legal
description submitted with the application (dated 6-9-05, stamped by Darren R.
Leavitt) shows the property as contiguous to the existing corporate boundary of
the City of Meridian. The Public Works Department has confirmed that the
submitted legal description meets the requirements of the City of Meridian and
the Idaho State Tax Commission.
2.
Any future subdivision and/or development of this property shall comply with the
City of Meridian ordinances in effect at the time.
3.
Prior to the annexation 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 no alterations, expansions, reconstructions or other enlargements to the
existing single-family structure will be permitted except through a Certificate
of Zoning Compliance (CZC) and except where 1) the use of the structure
changes to a use consistent with this Development Agreement and 2) the
structure shall meet all applicable development standards such as setbacks,
frontage, height, etc. of the L-O zone.
. That no building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established or
changed in use without a Certificate of Zoning Compliance (CZC).
. That all future uses shall 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.
. That the following shall be the only allowed uses on this property:
professional and sales offices, personal or professional services, clinics
(medical, dental and optical), and health care or social services. As the only
exception to the uses specifically allowed by Resolution 04-454, the applicant
may apply for a Conditional Use Permit to operate a child care facility on this
property in the future.
. That the hours of operation shall be limited to 6 a.m. to 10 p.m., unless
otherwise modified through a future Conditional Use Permit.
. That any new structure(s) (or remodel of existing structure(s)) shall be
Carol Street Professional Office Annexation Exhibit C
.
generally compatible in appearance and bulk with the surrounding residential
properties, as determined by the Planning Director or otherwise approved
through a Conditional Use Permit.
That the existing shop be allowed to remain as a non-conforming structure,
That the City has approved alternative compliance for the landscaping
adjacent to the west and north property lines. The landscape buffer to the west
shall be reduced to approximately five feet adjacent to the shop and to ten feet
adjacent to the proposed parking stalls. The landscape buffer to the north shall
be reduced to 14 feet adjacent to the existing shop, and shall be 20 feet wide
in all other locations. If the existin2 shop is removed. then a full 20-foot
wide landscape buffer shall be reQuired. Landscape materials along the
buffers to the north and west shall be in accord with MCC 12-13-12-3, and as
proposed by the applicant on the landscape plan labeled L1.0, prepared by The
Land Group, Inc., dated 6-9-05.
That the applicant agrees to construct a 6-foot tall vinyl privacy fence along
the north and west property lines, as proposed.
That vehicular access to this site shall be restricted to those approved by
ACHD and the City. No vehicular access to Locust Grove Road is approved,
Provide a vehicular cross-access easement to the property to the north.
.
.
.
.
Carol Street Professional Office Annexation Exhibit C
EXHIBIT D
Carol Street Professional Office Annexation
AZ-05-032
Zoning Amendment Findings
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15-11, General Standards Applicable to Zoning
Amendments, both the P&Z Commission and Council are required "to review the
particular facts and circumstances of each proposed zoning amendment in terms ofthe
following standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis:
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;
As noted in the summary above, the 2002 Comprehensive Plan Future Land Use
Map designates the subject property as "Low Density Residential", The purpose
of a low density residential designation is to allow for the development of single-
family homes on large lots where urban services are provided. Uses may include
single-family homes at densities of three dwelling units or less per acre (Page 95,
Chapter VII, 2002 Comprehensive Plan).
The City recently approved Resolution No. 04-454, which amended Chapter VII,
Section 1, of the Comprehensive Plan to include the following language: "At the
discretion of City Council, areas with a Residential Comprehensive Plan
designation may request office uses if the property has frontage on an arterial
street or a section line road and is 3 acres in size or less in size. In this instance,
no ancillary commercial uses shall be permitted." City Council finds that the
subject property has frontage on Locust Grove Road, an arterial street, and is less
than 3 acres in size (0.56 acres total).
Because the property is less than 3-acres in size, is located on an arterial street,
and has existing commercial uses around it, City Council believes that a
residential use of the property may not be the best use of the land. City Council
believes that an office zone and use on the subject property is appropriate as the
request is consistent with the intent of Resolution No. 04-454. Please see the
following facts and circumstances and the Special Considerations below for
further analysis of the proposed zoning designation and anticipated office use.
Carol Street Professional Office Annexation Exhibit D
City Council finds the following Goals, Objectives, and Action items contained in
the 2002 Comprehensive Plan to be applicable to this application (analysis is in
italics below policy):
.
"Restrict curb cuts and access points on collectors and arterial streets."
(Chapter VII, Goal IV, Objective D, Action item 2)
On the submitted plan, the applicant is proposing a single access to Carol
Street. No access to Locust Grove Road, an arterial street, is proposed.
.
"Require appropriate landscape and buffers along transportation corridors
(setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV,
Objective D, Action item 4)
Locust Grove Road is designated as an arterial street. By City Ordinance, a
25-foot wide landscape buffer is required adjacent to Locust Grove Road
(MCC 12-13-10-4). Landscape buffers will be required by the City with
Certificate of Zoning Compliance (CZC) approval.
.
"Require all commercial businesses to install and maintain landscaping."
(Chapter V, Goal III, Objective D, Action item 5)
The applicant has shown both internal and perimeter landscaping on the
submitted plans. The applicant is requesting alternative compliance for the
required landscape buffers adjacent to the single-family homes to the north
and west. Prior to occupancy of the buildings on this site for office uses, the
applicant will be required to construct internal and perimeter landscaping in
accordance with City Ordinances.
. "Permit new. . . commercial development only where urban services can be
reasonably provided at the time of final approval and development is
contiguous to the City." (Chapter IV, Goal I, Obj. A, #6)
This parcel is contiguous to the city via the Walgreen's site to the south and
Fred Meyer site to the east. Sanitary sewer and water are available to this
parcel.
.
"Plan for a variety of commercial and retail opportunities within the Impact
Area." (Chapter VII, Goal 1, Objective B)
City Council believes that the proposed zone, which allows o.ffice uses, does
contribute to the variety of uses in this area.
City Council finds that the new zoning to L-O should be harmonious with and in
accordance with the Comprehensive Plan, as amended by Resolution No. 04-454,
Carol Street Professional Office Annexation Exhibit D
B.
Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a site plan and a landscape plan. These plans depict the remodeled
office, a storage shop, parking, and landscaping improvements for this property.
City Council does not anticipate that the applicant plans to rezone the subject
property in the future if the subject annexation/zoning is approved, as the
anticipated office use is allowed in the requested L-O zone. Please see Finding
"C".
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;
City Council finds that professional offices, laboratories, libraries and medical
clinics would be permitted uses within the requested L-O zone. However, there
are several uses in the requested L-O zone that can occur with conditional use
permit approval. City Council is concerned that this site may turn into a
commercial retail site, and is recommending that the City limit the uses that can
operate on the site.
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 fashion similar to the proposed rezone area;
This area has seen many recent changes. Most notably, Office Jet Subdivision,
which is less than ~ of a mile to the north of the subject site on Locust Grove
Road. Office buildings have recently been constructed within Office Jet
Subdivision. Locust Grove Road is currently improved to five lanes. Carol Street
has curb, gutter and sidewalk on the south side of the street (adjacent to
Walgreen's). These factors contribute to recommending that this area should be
rezoned.
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 re-construct, operate and maintain the office
building(s) in accordance with City Code. Although this area was intended for
residential uses when the 2002 Comprehensive Plan was adopted, City Council
finds that an office zone also complies with what is intended for this intersection,
as Resolution No. 04-454 allows the City Council to consider office uses in this
Carol Street Professional Office Annexation Exhibit D
location. City Council finds that the design of the submitted layout could be
harmonious with the adjacent properties if adequate landscaping/screening is
provided. City Council further finds that the proposed office zone/use will change
the existing character of the area, but that the proposed zone and future use should
be harmonious and appropriate in appearance with the character of the overall
area. City Council finds that any future uses, if designed, constructed and
operated in accordance with adopted city ordinances, should be hannonious and
appropriate in appearance with the 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 use of this site for professional offices should not be
hazardous or disturbing to existing or future neighboring uses if the applicant
enters into a development agreement with the City and all development and
landscaping ordinances are exercised. Commercial (office) vehicular access to
this site could cause a potential disturbance to existing and/or future residential
uses in this area. The 2002 Comprehensive Plan Future Land Use Map designates
the properties to the north and west as low density uses and this office lot would
take access to a primarily residential street, Carol Street. City Council does not
believe that this office will generate a significant amount of traffic. However, City
Council has received several letters and phone calls from nearby property owners
stating that an office use on this property will be disturbing. Some of the
neighbors have stated that getting into and out of the subdivision is very difficult.
Due to the location of the Walgreen's driveway, the Fred Meyer driveway and
cars stacking up at the Locust Grove/Fairview intersection, access to Carol Street
has become difficult for the residents in this area. Therefore, in addition to staffs
analysis, the Commission and Council should rely on public testimony (oral and
written) to determine whether or not the potential disturbance of allowing a
commercial access int%ut of this site will substantially affect the existing or
future 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 provide
adequately any of such services;
Sanitary sewer is available in N. Locust Grove Road and has already been stubbed
into W. Carol Street which abuts the southern boundary ofthis 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.
Carol Street Professional Office Annexation Exhibit D
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. The Commission and Council should
reference any written and/or verbal testimony submitted by any public service
provider, regarding their ability to adequately service this project.
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;
If approved, the developer will be financing the extension of sewer, water, local
street infrastructure, utilities and irrigation services to serve the project. Other
required site improvements will be funded and constructed by the developer
through the CZC approval process. The primary public costs to serve the future
uses will be fire and police facilities and services. City Council finds there will
not be excessive additional requirements at public cost and that the proposed
zoning and subsequent development will not be detrimental to the community's
economic welfare.
I.
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;
The purpose of the L-O zone is to "permit the establishment of groupings of
professional, research, executive, administrative, accounting, clerical,
stenographic, public service and similar uses.. . shall not involve heavy testing
operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions of a nature offensive to the overall purpose of this
District." (MCCll- 7-2.G) As such, City Council does not anticipate future uses
will create smoke, fumes, glare, or odors that will be detrimental to the general
welfare of persons or property in the area. City Council does not anticipate the
proposed annexation and subsequent usee s) will create excessive noise, smoke,
fumes, glare, or odors. City Council finds that the proposed office zoning/use
should not be detrimental to people, property or the general welfare of the area.
If the subject annexation and zoning application is approved, the applicant intends
to remodel the existing home into an office. City Council finds that any future
uses on this site will generate additional traffic on adjacent roadways above and
beyond what the existing residence generates. City Council recognizes that traffic
and noise will increase with the approval of this development; however, do to the
smaller size of the site City Council does not believe that the amount generated
will be detrimental to the general welfare of the public. However, the City has
received several letters from home owners in this area, some stating that the
Carol Street Professional Office Annexation Exhibit D
proposed use may be detrimental to persons, property and/or their general
welfare. In addition to staffs analysis, the Commission and Council should rely
on any and all public testimony (oral and written) provided when determining this
finding.
MCC 11-16-4 provides the P&Z Commission and City Council the authority to
require a property owner to enter into a Development Agreement with the City of
Meridian that may require some written commitment for all future uses to more
fully comply with this finding. Due to the close proximity of the existing
residential uses, City Council believes that a Development Agreement is
necessary to ensure that the purpose of the L-O zone is maintained. Please see
Annexation & Zoning Facts and Comments.
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;
This parcel has approximately 100 feet of frontage on Locust Grove Road. Any
driveway to the site from Locust Grove Road would be close to the Carol
Street/Locust Grove Road intersection. Therefore, the applicant is proposing a
driveway approach to Carol Street and not Locust Grove Road. ACHD considers
access points in their analysis of development applications and their staff is
recommending approval of the proposed vehicular approach. City Council
believes that the proposed uses (and access) should not be hazardous to
neighboring uses or traffic flows. The Commission and Council rely on public
testimony, ACHD City Council, and City staffs analysis when determining
whether or not the proposed vehicular approach to Carol Street will create an
interference with traffic on surrounding public streets.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council is unaware of any natural or scenic features of major importance on
this site and finds that no natural or scenic features of major importance will be
lost or damaged by approving the annexation and zoning application. Any
existing trees larger than 4" caliper that are removed shall be mitigated for, as
determined by the City Arborist.
L.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)"
The legal description submitted with the application, prepared by Arrow Land
Surveying, Inc., shows that the property is contiguous to the existing corporate
boundary ofthe City of Meridian. The land directly south and east ofthe subject
property has previously been annexed into the City and this is a logical expansion
of the City boundary. The applicant is proposing to develop the land in substantial
Carol Street Professional Office Annexation Exhibit D
compliance with the City's Comprehensive Plan. In accordance with the findings
listed above, City Council finds that the annexation and zoning of this property
would be in the best interest of the City. NOTE: City Council has included
Development Agreement stipulations for annexation and zoning of this property.
Carol Street Professional Office Annexation Exhibit D