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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
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In the Matter of a request for Annexation and Zoning of .50 acres from R-12 to C-G
(General Service and Retail Commercial) at 415 West Franklin Road, by Meridian
Veterinary Clinic.
Case No(s). AZ-05-066
For the City Council Hearing Date of: March 7, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 7,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 7,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March
7, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 7, 2006 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 August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ-OS-O66 - PAGE 1 on
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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 Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and the Conditions of Approval
all in the attached Staff Report for the hearing date of March 7,2006 incorporated by
reference. The conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval ofthe application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of March 7, 2006 incorporated by reference.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body ofthe 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.
Attached: Staff Report for the hearing date of March 7, 2006
By action ofthe City Council at its regular meeting held on the
,2006.
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS Of LAW AND DECISION & ORDER
CASE NO(S), AZ-OS-O66 - PAGE 2 on
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COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER JOE BORTON
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
MA YOR TAMMY de WEERD
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
Copy served upon:
Applicant
Planning Department
Public Works Department
City Attorney
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN fINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ-OS-O66 - PAGE 3 of 3
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
TO:
FROM:
SUBJECT:
City Council Hearing
Hearing Date: 3/7/2006
Mayor and City Council
Josh Wilson, Associate City Planner
Meridian Veterinary Clinic
. AZ-05-066
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STAFF REPORT
Annexation and Zoning of .50 acres from R12 (Ada County) to C-G zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Joe Thompson of Architecture Northwest, has applied for Annexation and Zoning (AZ) of
.50 acres from R12 (Ada County) to C-G (General Retail and Service Commercial) for the construction of
a new building at an existing veterinary clinic. The site is located on the south side of Franklin Road, west
ofN. Meridian Road. The site is currently vacant and a veterinary clinic exists on the property which is
adjacent.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on February 2, 2006. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Joe Thompson
ii. In opposition: None.
iii. Commenting: Larry Rackham
iv. Staff presenting application:
v. Other staff commenting on application:
b. Key Issues of Discussion by Commission:
i. Alternative Compliance for required landscaping along the west property line and
the desire to see landscaping along Franklin Road.
c. Key Commission Changes to Staff Recommendation:
i. None.
d. Outstanding Issue(s) for City Council:
i. None.
3. PROPOSED MOTIONS
Approve
I move to approve File Number AZ-05-066 as presented in the staff report for the hearing date of
March 7, 2006, with the following modifications to the conditions of approval: (add any proposed
modifications).
Deny
I move to deny File Number AZ-05-066 as presented in the staff report for the hearing date of
March 7, 2006, for the following reasons: (you must state specific reasons for denial).
Continue
I move to continue the public hearing for File Number AZ-05-066 to (date certain).
4. APPLICATION AND PROPERTY FACTS
Meridian Veterinary Clinic AZ-05-066
PAGE 1
, -
CITY Of MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF MARCH 7, 2006
a. Site Address/Location:
South side of Franklin Road, west ofN. Meridian Road/415 W. Franklin Road
NE ~, NE ~, Section 13, T3N R1 W
b. Owners:
Scott Higer
415 W. Franklin Road
Meridian, Idaho 83642
c. Applicant:
Joe Thompson, Architecture Northwest
224 16th Avenue S.
Nampa, Idaho 83651
d. Representative: Joe Thompson
e. Present Zoning: R12 (Ada County)
f. Present Comprehensive Plan Designation: Commercial
g. Applicant's Justification Statement (from application materials): "We feel that developing the
property as commercial would be a better fit with the surrounding land uses. Conceptually, our client is
proposing to use the parcel to expand his Veterinary facilities to meet our increased customer demand.
The proposed 7,200 sq. ft. facility would be located on the south end of the subject parce1."
5. PROCESS FACTS
a. The subject application will in fact constitute a annexation as determined by City Ordinance.
By reason ofthe provisions ofUDC 11.5B-3, a public hearing is required before the Planning
and Zoning Commission and City Council on this matter.
b. Newspaper notifications published on: January 16 and 30, 2006
c. Radius notices mailed to properties within 300 feet on: January 6, 2005
d. Applicant posted notice on site by: January 24, 2006
6. LAND USE
a. Existing Land Use(s): Vacant with existing veterinary clinic on adjacent parcel which fronts
on Franklin Road
b. Description of Character of Surrounding Area: The area along this portion of Franklin Road is
developed as mostly commercial, with some industrial and residential uses to the west of the
site.
c. Adjacent Land Use and Zoning
1. North: Louisiana Pacific manufacturing plant, zoned C-G and I-L.
2. East: Existing residence and vacant land, zoned C-G.
3. South: Existing office building in Troutner Business Park, zoned C-G.
4. West: Existing office building in Troutner Business Park, zoned C-G.
d. History of Previous Actions: None.
Meridian Veterinary Clinic AZ-05-066
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
In W. Franklin Road
In W. Franklin Road
Issues or concerns: None.
2. Vegetation: None.
3. Flood plain: NA
4. Canals/Ditches Irrigation: No major facilities.
5. Hazards: None.
6. Proposed Zoning: C-G
7. Size of Property: .50 acres
h. Proposed and Required Non.Residential Setbacks: per the L-O zone
C-G Standard
Front
Side
0 feet
0 feet
Rear
Max. Building Height
Min. Lot Size
0 feet
65 feet
None
Min. Street Frontage None
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the site will be from an existing curb cut on Franklin Road.
7. COMMENTS MEETING
On January 13, 2006 Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as 'Commercial'. In
Chapter VII of the Comprehensive Plan, 'Commercial' areas are anticipated to provide a full range of
commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and
office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff
finds that the requested C-G zoning generally confonns to this stated purpose and intent of the
commercial designation within the Comprehensive Plan.
Staff fmds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan
to be applicable to this application ~~taff analysis is in italics below policy):
.
"Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III,
Objective D, Action item 5)
Meridian Veterinary Clinic AZ-OS-066
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
The applicant is not specifically proposing to install any landscaping with the subject annexation
application. The applicant will be required to submit a development application prior to constructing
any use on the site. When the future development application(s) are processed by the City, the
applicant will be required to construct landscaping which complies with the Unified Development
Code.
.
"Pennit 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, Objective
A, Action item 6)
The subject site can be serviced by the City of Meridian's sanitary sewer and water systems.
.
"Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII,
Goal 1, Objective B)
The proposed use does contribute to the variety of commercial uses in this area, as envisioned with
the Comprehensive Plan.
Staff finds that a C-G zone is harmonious with and in accordance with the Comprehensive Plan.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2B-2 lists animal care facilities as a Pennitted use
in the C-G zone.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the
retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive
Plan and the general compliance of the proposed development with the Zoning Ordinance, staff
believes that this is a good location for the proposed annexation and veterinary clinic. Please see
Exhibit D for detailed analysis of facts and findings.
The annexation legal description submitted with the application (prepared on December 13, 2005
by Darren Leavitt, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
That the applicant will be responsible for all costs associated with the sewer and water service
extension. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
That all future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development. All future uses shall not involve
uses, activities, processes, materials, equipment and conditions of operation that will be
Meridian Veterinary Clinic AZ-OS~066
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF MARCH 7, 2006
detrimental to any persons, property or the general welfare by reason of excessive production
of traffic, noise, smoke, fumes, glare or odors.
Special Considerations: Staff is generally supportive of the proposed site design as presented in
the conceptual site plan labeled as Sheet A-1.0, dated August 12, 2005, with the following
comments:
Perimeter Landscape Strip: UDC 11-3B-Cl requires a five-foot minimum perimeter
landscape buffer along all interior lot lines adjacent to parking, loading, or other paved
vehicular use areas. This landscape buffer shall be planted with one tree per thirty-five lineal
feet and shrubs, lawn, or other vegetative groundcover. The submitted site plan does not
depict the required landscape strip along the western property line. It appears that due to the
location of the existing building, there is insufficient space to provide the required five-foot
strip and Alternative Compliance may be appropriate. The applicant should be aware that
they will be required to submit an Alternative Compliance application with the application for
Certificate of Zoning Compliance and the Planning Director will make the determination
whether the proposal meets the requirements of UDC 11-5B-5.
Fire Department and SSC Access: The Meridian Fire Department and Sanitary Services
Company (SSe) have commented that the drive aisle on the west side of the proposed
building must be twenty feet in width and marked as "No Parking".
Parking Adjacent to New Building: The submitted conceptual site plan shows ten parking
spaces adjacent to the proposed building, including one handicap accessible space. The
Meridian Fire Department and SSC have commented that the turning radius at the comer of
the parking spaces and the drive aisle on the west side of the building is insufficient. The
applicant should eliminate the western-most space along the proposed building to address this
concern. The Unified Development Code also requires that a landscape planter be placed at
the end of the row of parking, which contains vegetative groundcover and at least one tree.
With the elimination of the one parking space and the placement of a planter at the end of the
row of parking, the turning radius will be sufficient for the Fire Department and SSe.
The applicant shall submit plans for the required Certificate of Zoning Compliance which
address and remedy these concerns, and comply with the Unified Development Code.
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 Citv Attornev. Bill Nary. at 888-4433 to initiate this
process within 18 months of Citv Council approval of the annexation request. The DA shall
incorporate the following:
. 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 all future development of the subject property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development.
. That the applicant will be responsible for all costs associated with the sewer and water service
extension.
. That any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
Meridian Veterinary Clinic AZ-OS-066
PAGES
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
. That prior to issuance of a Certificate of Zoning Compliance for construction of the new
building, the applicant shall submit a recorded cross access and parking easement between the
two parcels.
b. Staff Recommendation: Staff recommends approval of AZ-05-066 for Meridian Veterinary
Clinic as presented in the staff report for the hearing date of March 7,2006 based on the Findings
of Fact as listed in Exhibit D and subject to the approval comments as listed in Exhibit B as
attached to this report. Staff has prepared findings consistent with this recommendation.
11. EXHffiITS
A. Drawings
1. Conceptual Site Plan
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
D. Required Findings from Zoning Ordinance
Meridian Veterinary Clinic AZ-OS-066
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
A. Drawings
1. Conceptual Site Plan
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF MARCH 7, 2006
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1
ANNEXATION COMMENTS
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 Citv Attorney. Bill Nary. at 888-4433 to initiate this
process within 18 months ofCitv Council approval of the annexation reQuest. The DA shall
incorporate the following:
. 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 all future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development.
. That the applicant will be responsible for all costs associated with the sewer and water service
extension.
. That any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5~7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
. That prior to issuance of a Certificate of Zoning Compliance for construction of the new building,
the applicant shall submit a recorded cross access and parking easement between the two parcels.
2. PUBLIC WORKS DEPARTMENT
1. The proposed project has no Public Works concerns.
3. FIRE DEPARTMENT
1. The proposed project has no Fire Department concems. ,
4. POLICE DEPARTMENT
1. The Police Department has no concerns related to the application.
5. PARKS DEPARTMENT
1. The Parks Department has no concerns related to the application.
6. SANITARY SERVICES COMPANY
1. SSC has no concerns related to the application.
7. ADA COUNTY HIGHWAY DISTRICT
1. Approved with no conditions.
Exhibit B
CITY Of MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
C. Legal Description
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land Surveying, Inc.
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¡"¡orth line cfsaid soctio;:\ to the POINT C)?' BEGINNING~ :h~('t" SO' [3 '48"W .31", ;C'
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
D. Required Findings from Zoning Ordinance
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:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
Exhibit D
2.
The applicant is proposing to zone all of the subject property to C-G. City Council finds
that the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
City Council finds that animal care facilities are allowed within the requested zoning
district of C-G as a Principally Permitted Use. The applicant will be required to submit
for approval of a Certificate of Zoning Compliance prior to commencement of any
construction on the property, to ensure compliance with City Code.
3.
The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
4.
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,
City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
The annexation is in the best of interest of the City (UDC 11-5B-3.E).
5.
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 applicant is proposing to develop the land in general compliance with the
City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance
with the findings listed above, staff finds that Annexation and Zoning of this propertv to
C-G would be in the best interest of the Citv,