Loading...
HomeMy WebLinkAboutMeridian Veterinary Clinic AZ-05-066 .,. RE':CEIVED to;.: .."', r :~. 72;::5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER ~k3~ ctG;;d¡ ~Çf;- . 't : IU.\HO Ii . - {/ \1.. ¿/ '-'f¿~~!C~_'f",.J'.'~~D!" S,,~!'.'.-...i~"G¡" 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 V se 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-O5-066 - PAGE 1 of 3 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 of the 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 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. Attached: Staff Report for the hearing date of March 7, 2006 By action of the City Council at its regular meeting held on the /Yl/(/t,t//v/ ,2006. 7~ day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-066 - PAGE 2 00 COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER JOE BORTON VOTED~ VOTED ~ VOTED~ VOTED -- COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ---;r-~~ -) MAYOR MY e ERD ATTEST: ~Þ-~~ LIAM G. BERG, JR., CI C ERK Copy served upon: ~ Applicant v' Planning Department v""" Public Works Department v"'" City Attorney By: City Clerk's Office Dated: 3"8; a~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-066 - PAGE 3 of 3 "~_: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 STAFF REPORT City Council Hearing Hearing Date: 3/7/2006 Mayor and City Council Josh Wilson, Associate City Planner Meridian Veterinary Clinic .....~ to/! " .. c«e;¡ d/:n- ',; '~ , "" IU.'l.t-U"' )t/ \~;'r L ' '""'\,- --./'" ""'-"!.it-'I'~ I'!,,~~",~' "s",,~,~"c"'/. :í;¡¡ TO: FROM: SUBJECT: . AZ-05-066 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 Rl2 (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. 10 favor: Joe Thompson ii. In opposition: None. iii. Commenting: Lany 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 I 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 14, NE 14, Section 13, T3N RI 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 sulTounding 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 ofthe subject parcel." 5. PROCESS FACTS a. The subject application will in fact constitute a annexation as detennined by City Ordinance. By reason of the 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 SulTounding 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 Veterinaty Clink 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. CanalslDitches 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 Front Side C-G Standard 0 feet Rear Max. Building Height 0 feet 0 feet 65 feet Min. Lot Size 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 finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff 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 Veterinaty Clinic AZ-05-066 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. . "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, 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. Stafffinds 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 Permitted 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 Pacts 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-05-066 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 Narv. at 888-4433 to initiate this Dtocess within 18 months of Citv Council approval ofthe 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-05-066 PAGE 5 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. EXHmITS 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 Veterinaty Clinic AZ-05-066 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 t~ ,-i -" '" ,. Jo II '-""-'..-. .-..-.. ----"--"----..._. W. FRANKLIN RD. .- -'--------""-""--.... ......... -- - - ---.---.----. ;'0' .._.c..=':::..=+=::==='::"~=" -, -- .. ..-- '""" - ., ";-.-'¡ i---- I .. . ;. : ;¡ ..~ ~~=': ~-:_~~- ::=~t~ f J .I_=~j; . :1.~l'~ll ~:. --~ :~: '~~y;~;;;, -r~i~'T;.::r:;-'¡:::--:"'I=Cl-" .: . .\ . r..L'¡----I~r""lT...L. -..-+~"- -- .:: S~ J JII!lJl;¡~&~ --- i~ ;:;iiij¡ i ililit ,! "d'TJT-~ .. ì~r - ':. .. ~ .,).-1.1..."-'-- -I:::~.. ,! I::.L .-:' ... ""..,' I 1\..::"",....,<:<;..l:¡¡:","\"j..\:tc:~..'*'\iÞ I, ¡all *;;);:¡;'\;~~im~'~'1..t;¡~~\~ Ii ~ ~ ~.. II l;jllj II Plt;~ ~ f I~' II ~Æ~ I~ " . " Ii ¡i Ii 1"fl 111'~" ! i..h ,!~, ~ I ---C'""..,"~.,..'",-,..',--".~..:..,".',.. '."" . ...,J "."""~/ ('i\(;)(o¡,'1(",e::-,e,oi31"1.O' , : 'l Jf II U 'Ill ~If¡ !II If"J I ! "~ I '1 ;! q mpf¡ ¡!; . ¡::~f.~¡;~I¡;j:;;;:..:j¡Jrj , ,- I ;¡¡\ i ¡ i;. '1" ¡ .. I I 4¡ 'Ii! '4; , - -.u._-.... Alll"'lll"l'l:lrrriD"""D [~~=~ ~~~~,1~ 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 ANNEXA nON 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 of City 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 concerns. 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 ARRHw Land Surveying, Inc. :J~':, £:c.:.. ~',~,\'.f'; j "m«"F:,',ei-c,]\~ ",~":~) ,'0 '-.. LA :3\,;I;,','F.Y,' 1121 E. Stat. SIred. Suite Hil5 . £0918, Idaho Uól~ . 011lc., l'2Øi.93'V.7373 ' fa:(' ,ltð/ ,9~9,7321 ,-( ',; r"'c,':'rL~; SfAKI:;G or; S\~,",s~';rl.C JÜé' ~\(i. 059(;:, ,~" i :-'15 I),R,J.. IÆ(;AL IJESCRlf'T!OS FOR SCOTT meRR .-\~""1\TX,\ TlO,..' .'I. POI"l.iC'1l M the ¡'oI1heEst i I.: I)-' th.. "IO,1:b"'è';l ¡ 14 ll(,I'Je N,JTlhe:i.;;¡ 0;' <¡;XV,/J ;:'- ~-D""n~hip 3 Nmt!:. Ra.n¡( ; Wt~1 c:i'lhc Bois..' "';cridiun. :\.ja Count-,', Id'Ù1o, d..:;~rib~d 'i.' fO:/c1WS: " Cl'JnJ'nenC'iflg a! the ¡"'(),.....he"-~I ~"J1}.-:r d S".;:iOil 13, Townsbip 3 :--¡,1nh, '<a11¡.;e ¡ \,V~H ~f (/l" ]3Qì~~ Meridian, Ada CCJU:l1j, Idaho. wd runm.'1!l thence W~t 1452,]3 feel l'.kmg ;i')(' ¡';ol1h line Q;'~aìd SI:>I:IIO.1 \0 the POINT CF BEGINNING: :h~ ]c-t. SO" 13'48"'),,' 31';. ~(, feet: thenei.' .cast 124.00 tee!: lh~n~e NO" i 3"'8"1:\ ; 50,00 :eet; thence Wesl 9";/)1) fe~l; !hence ~ouI3'4!S"E J63,:0 ¡-~[ ~o Ih,¡,),orth line of said seoion; mence \Vt>,st 2),(;0 fCè¡ 10 lilc point of beginning , Parcel c:ontai.n, 0.5: acres "'hid', i"ldud.cs propos cd ril?ht~of.way a:ong franklil: ¡{oaC, Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 -,,--,.,.,,- ~~ .b.. ~I ~~! IJ¡~ ti'~ ~ili~~: ~ ,h iH ? rf >-. .~ i Ii, ,.. -' , ~:ml Exhibit C .. .. ,-. ,,' " , -----..,-"-----,.._----,,,_.. """-----~'-'-",," ,.._"..,--,..,--",-",--, >- '," , , I ~'I , '..-- ------'-'--" """--_..!.",, ,"L~ ,',' ,,' ~'C," . - 1. ~I -_..,,_,~I '-"-"-----'~,-" I:' , C' ;- ':: < -'~ ..-..,-",..,--....-...., . ----~~ ~:::-. ',," I *' : >" ..-" ,-' I ! " ! ,"':" '" '... "'" -' , ,- -:' '~, '..; , " '- -, "- ':", '~ i3i ~ ::... N ~ ':::. '-, ~": ':; " "-':'::: -, . " ~ ~ ~ '::;. "" L-. -, ~'~ ~::: "" ~ ,- ", -' 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; 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 [rods that animal care facilities are allowed within the requested zoning district of C-G as a Principally Pennitted 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. Exhibit D 2. 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 property to C-G would be in the best interest of the CitY.