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HomeMy WebLinkAboutBeede, Robert F. AZLEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: September 15, 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION AND ZONING OF 1.2 ACRES BY: ROBERT F. BEEDE LOCATION OF PROPERTY OR PROJECT: 800 W. OVERLAND ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY,'C/C —WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: r', HUB OF TREASURE VALLEY, Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (209) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: September 15, 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION AND ZONING OF 1.2 ACRES BY: ROBERT F. BEEDE LOCATION OF PROPERTY OR PROJECT: 800 W. OVERLAND ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY,'C/C —WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p:m. on December 15, for the purpose of reviewing and considering the application of Robert F. Beede for annexation and zoning of approximately 1.2 acres of land which is generally located at 800 W. Overland Road. The application requests a zone of C -G. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons`shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 23`d day of November, 1998. WILLIAM G. BERG, JR., CITY CLERK PUBLISH November 25t" & December 9t", 1998. �0���`*fr�nXXrXsr,,�✓,,r� w. ,y T 7 r, I Z .0-0-0-0-0. Y CD S PELICP S O fit (Din > (D ar S. MUSCOVY AVE. sc� ** TX CONFIRMON REPORT ** DATE TIME TO/FROM 07 11/23 16:14 208 688 1097 0 AS OF NOU 23 '98 16:14 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'30" 001 093 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on December 15, for the purpose of reviewing and considering the application of Robert F. Beede for annexation and zoning of approximately 1.2 acres of land which is generally located at 800 W. Overland Road. The application requests a zone of C -G. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 23`d day of November, 1998. 4L,e WILLIAM G. BERG, JCl ' CLE}ZK PUBLISH November 2e k December Oth 1998. 0"1606"iff"t 0 cf L Q r 193 71 INTERM UNTAIN ANIMAL HOSPITAL PROPERTY OWNERS WITHIN 300' MERIDIAN FREEWAY ASSOC 1070 N CURTIS RD STE 270 BOISE ID 83706-1261 W OVERLAND RD MOUNTAIN VIEW EQUIPMENT CO PO BOX 690 MERIDIAN ID 83680-0690 700 W OVERLAND RD W OVERLAND-RD E OVERLAND RD DBSE PROPERTIES COMPANY L P 1070 N CURTIS RD BOISE ID 83706-1238 9201W OVERLAND RD BEEDE ROBERT USAN E k 800 W O AND RD AN ID 83642-6512 5 WRIGHT BILL S 1526 W 07TH MERIDIAN ID 83642 1635 S STODDARD RD MEYET WILLIAM H& LOIS M f NAgidf- /Y► MAID H 795 W OVERLAND RD MERIDIAN ID 83642-6511 SCOTT THERON AND LOTSPEICH CAROL SCOTT 1032 E CAYMAN DR MERIDIAN ID 83642-6661 745 W OVERLAND RD 705 W OVERLAND RD 665 W OVERLAND RD 1710 S STODDARD RD 3 a k a — k L 4 k s 1 F goo W. 0ver lard K.d. c NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City -Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on October 13, 1998, for the purpose of reviewing and considering the application of Robert F. Beede for annexation and zoning of approximately 1.2 acres of land which is generally located at 800 W. Overland Road. The application requests a zone of C -G. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 15th day of September, 1998. PUBLISH September 23,and October 7, 1998 LLIAM G. BERG, JR., C ERK tip yf, ,. SEAL 4w • CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 R_Ec�E'VE]) S EP 10 1998 q.cP CITY OF MERIDIAN PLANNING & ZONING APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: GENERAL LOCATION: TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): L�Y17/�n,�.. ✓ l ACRES OF LAND IN PROPOSED ANNEXATION: /.,;t a 'v c PRESENT LAND USE: L) 17'Q/LlA u/Ly �%o h i e_ -- 92® PROPOSED LAND USE: S w m t PRESENT ZONING DISTRICT" mac., fZ -7— PROPOSED T PROPOSED ZONING DISTRICT: APPLICANT: ADDRESS: 0 a 1 /Y• 4all /©I. �� , , ENGINEER, SURVEYOR, OR PLAT ADDRESS: 15 3 O LU • .5 Ped-, k4l(Agel -- #4 7 —337 Ya3 x =-I3/Z �o` • s:. /liDj_� OWNER(S) OF RECORD: Uri(/' �1 � - PHONE: " -A /0 ADDRESS: a"2 b i'y• 1�./ . �r �l ,�. , �/ Si tore of Applicant ��MOUNr illosVLI �y 0 �J Intermountain Animal Hospital P.I..L.C. 800 W. Overland Road • Meridian, Idaho 83642 (208) 888-2910 • Fax (208) 888-3825 APPLICATION FOR ANNEXATION AND ZONING OR REZONE Applicant: Robert & Susan Beede 800 W. Overland Rd Meridian, Idaho 83642 888-2910 work 888-9435 home 888-3825.fax Owner of Property: Robert & Susan Beede Same address as above Warranty deed enclosed Current Property Use: The property is currently operated as Intermountain Pet Hospital. We provide veterinary care, animal boarding & grooming, retail sales, and obedience training & behavior counseling. Proposed Land Use: The proposed remodel would continue our current uses but on an expanded basis. We would add more room for all our current uses. Present Zoning District & Jurisdiction: The property in question is currently in Ada County with an R-1 zoning and operates under a conditional use permit granted in the 1970's and again in 1985 for veterinary and boarding facilities. Proposed Zoning District: We desire a C -G zoning classification in the city of Meridian. Property Characteristics for Desired Zoning: The property has good access to Overland Road. The building is very professional in appearance and the property is well landscaped. This property fits in with the current zoned uses on the North side of Overland Road. The proposed changes to the building and landscaping will enhance the professionalism and beauty of the property. Desirability of Development & Harmony with Adjacent Development: To the immediate west, the property is zoned light industrial. A concrete pipe plant that produces dust and noise is located on the west side of that light industrial property. To the south, is a dairy farm and a number of low cost rental homes owned by that dairy farmer. To the immediate east and north is a L shaped property owned by Mountain View Farm Equipment. They have an office -shop building and massive outside equipment storage lots around this building. Further east is the Boondocks recreation center and a commercial development that has not been built out. Our use fits in with the character of the current and potential uses in this setting. Our proposed changes in building and landscaping will upgrade many of the current uses surrounding our location. We will provide the area with something more than chainlink fencing equipment storage lots. Proposed Zoning as it Relates to Meridian Comprehensive Plan: The Meridian Comprehensive Plan allows the use of veterinary care facilities in the C -G and Light Industrial zoning classifications. Our current and expanded use fits very well into the zoned areas surrounding the hospital. Our requested zoning would not change the character of the Comprehensive Plan. �gM�UNT L� • Intermountain Animal Hospital P.L.L.C. 800 W. Overland Road • Meridian, Idaho 83642 (208) 888-2910 9 Fax (208) 888-3825 Affidavit for Meridian Planning & Zoning Annexation Application I, Robert F. Beede and Susan E. Beede will post the proposed annexed property of Intermountain Pet Hospital one week before the public hearing. Posting will contain our name as applicants, description of zoning amendment, and time and date of the public hearing. I, Robert F. Beede and Susan E. Beede have read the contents of our application package and do verify that the information contained therein is true and correct. Idly "4 5, 1 F,KbeKF. Beede 5IOW41 E' Bl e� Susan E. Beede %%% 8537111 WARRANTY DEED TERRY C. SMITH and ?ATRICIA L. SMITH, husband and wife, GRANTORS) of I•Ieridian, Idaho, hereby CONVEYS, GRANTS and WARRANTS to ROBERT F.. BEEDE and- SUSA14 E. BEEDE, husband and wife, GRANTEE(S), of Meridian, Idaho, for the sum of Ten and NO/100ths Dollars ($10.00) .and other good and valuable consideration, the following described tract of land in the County of Ada, State of Idaho: A .portion of the Southwest quarter of the Southeast quarter of Section 13, Township 3 North,_ Range 1 West, Boise Meridian, Ada County,.Idaho, to -wit, Beginning, at the Southwest corner of. the Southwest quarter Southeast quarter,. Section 13, Township 3 North, Range 1 West, of Boise Meridian, thence Easterly' along the South boundary of .the Southwest quarter Southeast a.distance of 165 feet to a point; thence Northerly parallel ,to the I•lest boundary of the Southwest quarter Southeast 'quarter, 'a distance 335.6 feet to a point; .thence Westerly parallel to the South boundary of the Southwest quarter Southeast quarter, a distance of 165 feet to a point; thence Southerly along the West boundary of the Southwest quarter.Southeast quarter, a distance 335.6 to. the POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN OVERLAND ROAD. together with all and singular the tenement; hereditaments and appurtenances thereunto belonging or in any"wise. appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof;_and also all the estate right, title, interest in -the property, possession, 'claire and °demand whatsoever; as well in.law a. in equity, of the said party of the first part, of, in or to the said premises, and every part and parcel thereof, with. the appurtenances, together with all water' and ditch rights thereon. TO HAVE AND TO.HOLD, All and% singular the said premises, WARRANTY DEED � ni •fir: .. .�� t: .. _ 510 799, together with the appurtenances, unto„ the said party of the second part and to second party's heirs and assigns forever. Subject.to that obligation owing to the First Interstate' Bank (Bank of Idaho) and secured by the real property above described and -said obligation recorded as a Mortgage as Instrument Number 7512638 official --cords of Ada County, Idaho, which is hereby assumed by Buyers. WITNESS the had of said Grantors) this day of , 1983.' TERRY—C. _MRICIA L. SMITH I; STATE OF IDAHO ) ss. County of Ada ) , On the day of 1983, before me a Notary Public in and for sai tate, persona appeared TERRY C. SMITH and PATRICIA L. SMITH, husband and wife the signer(s) of the within i instrument, who duly acknowledged to me the execution of the same. .r F( ary Public tor Idaho siding at Meridian Ado county. Idaho. x Requost of TIME 8. j. AAA. DATE 'f — 1 "1 — g r JOHN BASTIDA DER By ttQ.Lt.c+d COY WARRANTY DEED AMOUNT 4 September 10, 1998 Is 9 Intermountain Animal Hospital P.L.i c. 800 W. Overland Road • Meridian, Idaho 83642 (208) 888-2910 • Fax (208) 888-3825 To: Meridian Planning & Zoning Commission Re: ' Property Ownership Dear Commission Members & Staff, I do hereby swear I am the owner of said property at 800 W. Overland Rd, Meridian, Idaho (legal description attached). I am applying for annexation to the city of Meridian for this property that I own. Robert F. Beede DVM STATE CP IDAHO COUNTY OF ADA SUBSCRIBED AND SWORN BEFORE ME THIS 10TH DAY OF SEPTEMBER, 11% BY ROBERT F. BEIDE DVM. NOTARY PUBLIC B,, °°�1t� faaaaeoseaQr ���•i MY COMISSION EXPIRES: 02-17-01 w®° ,OT -4 Vo�C N® SUB LI a•7� r1 a•• o•° OF; D•�Tj�°''�°° ;w ANNEXATION DESCRIPTION FOR ROBERT BEEDE A parcel located in the SW 1/4 of the SE 1/4 of Section 13, Township 3 North,' Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the southwesterly comer of said SW -1/4 of the SE 1/4, from.which a brass cap monument marking the southeasterly corner of the SE 1/4 bears N 89°39'20" E a distance of 2618.78 feet; Thence N 0°02'54" W along the westerly boundary of said SW 1/4 of the SE 1/4a distance of 335.60 feet to a 5/8 inch -diameter iron pin; Thence leaving said westerly boundary N 89°39'20" E a distance of 165.00 feet to a 5/8 inch diameter iron pin; Thence S 0°02'54" E a distance of 335.60 feet to a P.K. nail and brass washer on the southerly boundary of said SW 1/4 of the SE 1/4; Thence S 89°39'20" W along said southerly boundary a distance of 165.00 feet to the POINT OF BEGINNING. 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CITY OF MERIDIAN 'ORDINANCE NO. 811 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY L4IMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATI@N IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXEh) TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL (C-G); AND DECLARING THAT SAID IPLXD, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW,BE AOF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; .REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE IMAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the Cit of Meridian, Idaho, and that the Cit of Meridian has received 1 Y � Y a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: A parcel located it the SW 1/4 of the SE 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly descriEled as follows: ROBERT F. BEEDE I ANNEXATION AND ZONING ORDINANCE BEGINNING at a 5/8 inch diameter iron pin marking the southwesterly corner of said SW 1/4 of the SE 1/4, from which a brass cap monument marking the southeasterly corner of the SE 1/4 bears N 89039'20" E a distance of 2618.78 feet; Thence N 0002'54" W along the westerly boundary of said SW 1/4 of the SE 1/4 a distance of 335.60 feet to a 5/8 inch diameter iron pin; Thence leaving said westerly boundary N 89039'20" E a distance of 165.00 feet to a 5/8 inch diameter iron pin; Thence S 0002'54" E a distance of 335.60 feet to a P.K. nail and brass washer on the southerly boundary of said SW 1/4 of the SE 1/4; Thence S 89039'20" W along said southerly boundary a distance of 165.00 feet to the POINT OF BEGINNING. This parcel contains 1.27 acres and is subject to any easements existing or in use. This description was prepared for annexation purposes only and contains a portion of right-of-way for Overland Road previously deeded to the Ada County Highway District. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial (C -G). ROBERT F. BEEDE 2 ANNEXATION AND ZONING ORDINANCE SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63- 2215 and §50-223. ROBERT F. BEEDE 3 ANNEXATION AND ZONING ORDINANCE • • PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this lc? -LA day of �% , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. r crr i A ST: T ITY CLERK _ $]►L = z � ..9 msg\D:\MyFiles\Meridian City File\Ordinances T TG ORDINANCES\A,Z ORD FOR BEEDE.WPD ROBERT F. BEEDE 4 ANNEXATION AND ZONING ORDINANCE • • CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 811, passed by the City Council of the City of Meridian, on the day of 199-f, is a true and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. ot'ji4i1lNlJtllfll�/OF D7:7.,qJ9 WILLIAM G. BERG, J y 4 STATE OF IDAWWW�j� !I!!!!rilr County of Ada, 4On this day of �Qn , , in the year 1991, before me, y-�Q �S , a Notary Public, appeared WILL G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. '��rrtrrurur�.' pUBLZG �% Not4 Public for Idahiio �J'�,'• • .•`•1O ••� Commission Expires: I �S 1 � TE OF IV Q'�o• msg\D:\NiNe4Ag`Wv➢p eay File\O�inancesAANNEXATION AND ZONING ORDINANCES\BEEDE CERT ACICNOWLMT OF CLERIC AZ.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN L� Meridian City Council January 19, 1999 Page 6 ensure that I had the approval of the Public Works Director for the draft of the annexation ordinance because of the concern for legal description and I would report to the Council that I have that approval. Corrie: At that point we can approve the ordinance with suspension of rules if we so desire. Otherwise it will be the second reading. Gigray: That would be correct, Mr. Mayor. Corrie: Council, your pleasure on this one? Bentley: Mr. Mayor I move we approve ordinance #809 with suspension of rules. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve ordinance #809 with suspension of rules. Any further comments? Hearing none roll call vote. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: All ayes. 4. ORDINANCE #811 —ANNEXATION AND ZONING 800 W. OVERLAND ROAD: Corrie: Mr. Gigray any further comments on that one? Gigray: Mr. Mayor and members of the Council according -to our records this particular matter would not for a development agreement and we had submitted this for approval by the Public Works Director of the draft ordinance and I would report I've received that approval. Bentley: Mr. Mayor I move we approve Ordinance #811 with suspension of rules. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve Ordinance #811 annexation and zoning of W. Overland Road. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. • MERIDIAN CITY COUNCIL MEETING: JANUARY 19. 1999 • r APPLICANT: ROBERT BEEDE ITEM NUMBER: 4 REQUEST: ORDINANCE #811 — ANNEXATION & ZONING OF 800 W. OVLERLAND (BEEDE) AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All AllMaterials presented at public meeti s shall become property of the City of Meridian. l 1 S C (.., Meridian City Council January 5, 1999 Page 21 VIC113. ORDINANCE #811 —ANNEXATION AND ZONING 800 W. OVERLAND AA ROAD: Gigray: Mr. Mayor and members of the Council, again this is an ordinance that's been prepared for annexation and zoning designation of light industrial for this particular application. My cautionary on this one is that I'd want to make sure that the Public Works Director is satisfied that the legal description is appropriate. I don't know that he's had an opportunity to review that. Whether he affirms that it is, again, if that's the case, you could simply follow the procedure you did on the first one and sponsor it, read it, put it on the agenda for passage at the next meeting pending its approval of the legal description. Corrie: Gary, comment. Smith: I have not reviewed the legal description, Mr. Mayor. Corrie: Council can — Rountree: Mr. Mayor I move that we continue action on item 13 Ordinance #811 until our next regularly scheduled meeting January 19th, 1999 and have first reading of the ordinance this evening. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to have Ordinance #811 read by title and receive as the first reading sponsored by Mr. Rountree. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Berg: (ORDINANCE #811 WAS READ.) 14. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 7.30 ACRES BY QUEENLAND ACRES, INC. — Y MILE WEST OF OVERLAND FROM MERIDIAN-KUNA ROAD SOUTH SIDE BORDERING WEST SIDE OF RO-HO ENT.: Corrie: Staff report. Gigray: Mr. Mayor and members of the Council, as you directed by reason of your action at the last Council meeting which effected a denial of the request for annexation and zoning in light of that directive have prepared for your consideration these Findings • 0 MERIDIAN CITY COUNCIL MEETING: JANUARY 5, 1999 APPLICANT: ROBERT F. BEEDE ITEM NUMBER: 13 REQUEST: ORDINANCE #811 —ANNEXATION AND ZONING 800 W OVERLAND ROAD AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 0 To: Mayor and City Counicl cc. Will Berg, City Clerk Shari Stiles, Planning and Znnin ctor From: Bill Gigray, City Attorney Re: Regular Agenda City Counci Mee ing January 5, Date: 1-2-99 to JZECEIVED CITY OF MERIDIAN 1999 Items 11-13 The purpose of this memo is to give my opinion on the procedure and timing of the above reference items. They all deal with related aspects of the application by Robert F. Beede for the annexation and zoning of subject property as (C -G), General Retail and Service Commercial. You may take up agenda item 11. By reason of your action on the 15th on what was there in Agenda Item 11 no development agreement was required. Therefore agenda Item no. 12 should be deleted. Then for item no. 13 could then be taken up sponsored read. The Council if it chooses could waive the 3 readings and pass the annexation depending upon whether or not the Public Works Director is satisfied with the legal description in the ordinance. Meridian City Council January 5, 1999 Page 20 Corrie: No, we can just take it off. Gigray: And I can understand why those would be on there because those recommendations have come out of Planning and Zoning giving you the option either to go to detailed site plan route or through a development agreement and this was just one you took specific action on as I read the record. Corrie: So item number 11 we can use the Findings of Fact and Conclusions of Law and Decision Order granting — any further discussion? I'll entertain a motion on item number 11. Rountree: Mr. Mayor l move that we approve the Findings of Fact and Conclusions of Law and Decision and Order granting annexation and zoning application subject to the conditions stated for the property at 800 W. Overland Road. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the Findings of Fact and Conclusions of Law and Decision and Order granting annexation and zoning application subject to conditions stated in the motion. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. MOTION CARRIED: All yeas. Corrie: With that being the case we can eliminate item number 12 on the agenda. V�712. DEVELOPMENT AGREEMENT — 800 W. OVERLAND ROAD: 46 Rountree: Mr. Mayor I move that item number 12 on our agenda be deleted. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to delete item number 12 the development agreement 800 W. Overland Road. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. • • Meridian City Council January 5, 1999 Page 19 11. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 1.2 ACRES BY ROBERT F. BEEDE — 800 W. OVERLAND ROAD: Corrie: Comments from staff? Stiles: Mr. Mayor and Council, I don't see Mr. Beede here. I don't know if he has had an opportunity to look at the development agreement. I did not specifically request a development agreement. However, the Council can require that as a condition of the annexation. The reason I wasn't so concerned about a development agreement is that it's already existing. They are proposing some additions. Mr. Beede has been very cooperative in trying to meet whatever the city's needs are. If you remember the reason he's requesting annexation is because although he exists as a commercial business at this time he is not zoned to allow an expansion without either an additional conditional use permit or rezoning in the county and so he elected to hook up to city water service and become part of the city. Mr. Gigray may have additional information on the development agreement. Corrie: Any other staff report? Gigray: Mr. Mayor and members of the Council, as I understood the action taken by the Council at the last meeting, I believe you wrestled with the idea of whether you needed a development agreement or not and as I understood the action was not to do so. So what you have before you are Findings which go through the same litany in terms of Findings of Fact with regards to your authority and the public hearing and notice and so on. You'll see in Finding number three, proposed Findings, you will incorporate the Findings and Conclusions of Law and the recommendation of the Planning and Zoning Commission except you are amending and accepting finding number 19.2 and I'm referring to their findings to — it's just that detailed site plans are to be prepared by the applicant for improvement upon the subject property. This provides that they would be reviewed and approved by Planning and Zoning Commission and that all city ordinances be complied with and then under conclusions of law we're making the same findings there in that proposal. Then under the decision and order, you'll see in part three there that a detailed site plans are to be prepared and then this specifies the conditions of those detailed site plans, which starts with 3.1 through 3.11 which were what I found in the record were conditions that would have been considered for a development agreement. Corrie: So we can approve the final action on that and eliminate item 12; is that correct? Bird: Item 12 wouldn't need to be on the agenda would it Mayor? 0 Meridian City Council January 5, 1999 Page 20 Corrie: No, we can just take it off. 11 Gigray: And I can understand why those would be on there because those recommendations have come out of Planning and Zoning giving you the option either to go to detailed site plan route or through a development agreement and this was just one you took specific action on as I read the record. Corrie: So item number 11 we can use the Findings of Fact and Conclusions of Law and Decision Order granting — any further discussion? I'll entertain a motion on item number 11. Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law and Decision and Order granting annexation and zoning application subject to the conditions stated for the property at 800 W. Overland Road. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the Findings of Fact and Conclusions of Law and Decision and Order granting annexation and zoning application subject to conditions stated in the motion. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. MOTION CARRIED: All yeas. Corrie: With that being the case we can eliminate item number 12 on the agenda. 12. DEVELOPMENT AGREEMENT — 800 W. OVERLAND ROAD: Rountree: Mr. Mayor I move that item number 12 on our agenda be deleted. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to delete item number 12 the development agreement 800 W. Overland Road. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. • • ! MERIDIAN CITY COUNCIL MEETING: JANUARY 51999 APPLICANT: ROBERT F. BEEDE ITEM NUMBER: 11 REQUEST: ANNEXATION AND ZONING OF 800 W. OVERLAND ROAD AGENCY COMMENTS CITY CLERK: 3 -p -e- ! 44ucVn rq14,_� CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meeting December 15, 1998 Page 31 ITEM NO. 11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.2 ACRES BY ROBERT F. BEEDE — 800 W. OVERLAND ROAD: Corrie: This time I'll open the public hearing and we will first receive the staff report from Gary and Shari. New procedure we are going to find out what it's all about before we start the open public hearing, while it's open first. Request for annexation and zoning, do you have anything Shari? Stiles: Mr. Mayor and council, this is for the existing Intermountain Animal Hospital on Overland Road. It's bounded on the east side by Mountain View Equipment, on the West side it is contiguous with the city limits. There is some industrial property that is really vacant out there right now. Mr. Beede would like to do some expansion out there and was faced with either having to go through a conditional use permit or rezone with the county or go ahead and get annexed with the city and get hooked up to water and sewer is not available out there at this time, but he does have an existing septic system that is functioning and I'm sure he would agree at the time sewer service is available to hook up to the sewer. There is an issue of the Kennedy Lateral that is on Overland Road there. It is in the right-of-way at this time. Ada County Highway District's comment was until that such time is Overland Road was widened, it would probably be best to leave it open. They are using it right now as somewhat of an amenity. If you've been out there they have (Inaudible) long edge and put some flowers in there, it does eventually need to be tiled, it's probably a safety issue for cars along that stretch, that's the reason for his request, and he has anymore comments? Smith: Mr. Mayor and council, I don't have any additional comments beyond what Shari has given you. Corrie: Okay we will first hear from the applicant or those in favor of the application first. ROBERT BEEDE. Beede: Trn Bob Beede I'm the owner and practicing veterinarian at Intermountain Animal Hospital, 800 W. Overland Road in Meridian. We've been there for 15 years, we've been in the county. At some time in the future, I may decide to remodel or expand our current existing uses and so looking at that, we decided we need to get our ducks in a row and able to get set up to do that once the economy is there and looks like we can afford all the development costs if that occurs, which they keep getting bigger and bigger, so I don't know how that is going to turn out. Anyway, we agreed with the facts and findings. We felt that a site plan in lieu of a development agreement would probably work if that works with planning administrator. Everything there we pretty well agreed with Nampa Meridian Irrigation District did feel it would be better to wait and not tile that ditch until it was tiled along the whole section. Mountain View to • 0 Meridian City Council Meeting December 15, 1998 Page 32 the west—east of me is in the county still, they did a lot of remodeling last year and did not have to do the tiling as well. Ada County Highway District did talk to me about changing our entrance which would put it on to the west side, but that puts us into the back door. The clinic the way it's located on the property and having to come clear back around and because I'm going to loose all that frontage with the 55 foot easement and the 40 of the ditch company and the 48 for the easement of the highway department. I'm going to have to put my entrance facing east toward Mountain View Equipment. So, I'm working with Ada County Highway in a compromise in maybe doing a joint entry with Mountain View Equipment so we cut down one highway access, we can still have our entrance on the east, so we are working through that process with them at this time. They felt it shouldn't be a real big deal to accomplish that. Other than that, that's where we sit and do you have any questions for me? Bird: I have none. Rountree: I have none. Anderson: Just a comment, my dog keeps having those $200 dollar a month vet bills, you will be able to afford (Inaudible). Beede: We need a few more of those after these development costs, I'll tell you. Corrie: Okay, thank you very much. Anyone else testimony in favor of the application? Okay anybody have evidence received from the opposition? I guess there won't be any rebuttal of testimony from the doctor. Any further comments, questions, staff? Bentley: Gary, where is the sewer at out there now? Smith: There is sewer that has been constructed in Overland Road, ends at the west side of the interstate center where Boondocks is. That sewer is not deep enough to service this property. Any service to this property would have to go to the west and into what would be an extension of the Ten Mile Trunk which is I think it goes into the Perdom Gulch Drain. So it's a long ways off for sewer service. Bentley: Okay, thank you. Corrie: Any other testimony the council wishes at this time? Hearing none, I'll entertain a motion to close the public hearing. Anderson: I make a motion we close the public hearing. Bird: Second. i ' • Meridian City Council Meeting December 15, 1998 Page 33 Corrie: Motion made by MR. Anderson and seconded by MR. Bird to close the public hearing. All those in favor of the motion say aye. Opposed? No. MOTION CARRIED: All ayes. Corrie: Council, you have the Planning and Zoning Findings of Fact and Conclusions of Law for the annexation. Looks like you need to accept those recommendations, modify those recommendations, or continue -the public hearing or deny the annexation. Anderson: Make a motion that we accept the recommendations of P & Z and request that Findings of Fact and Conclusions of Law and the appropriate ordinance be prepared by the city attorney and submitted to the council for the next regularly scheduled meeting. Bird: Second that. Corrie: Motion made by MR. Anderson, seconded by; Mr. Bird (Inaudible) any discussion? Bird: One clarification, in lieu with something like this, we don't need a development agreement do we? Corrie: I wouldn't think so, no. Bird: So motion is to not have the in lieu of the development agreement we will have a detailed site plans and could be reviewed by the Planning and Zoning Commission as they expand and stuff, instead of having a development agreement, is that right? Anderson: Conditional use. Bird: No. This is such a, we shouldn't require him to drop the development agreement for his own property that is already developed on out there. Corrie: I wouldn't think so. Mr. Gigray, do we need to change the motion at all? Gigray: No, I think it's just a clarification of the motion. You may want to ask Councilman Anderson whether he would accept that as a... Bird: Do you accept that Ron? Anderson: Sure. ROLL CALL: Rountree — yea, Bird — yea, Bentley — yea, Anderson — yea. 0 • Meridian City Council Meeting December 15, 1998 Page 34 MOTION CARRIED: All ayes. 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.30 ACRES BY QUEENLAND ACRES, INC. —'/4 MILE WEST OF OVERLAND FROM MERIDIAN-KUNA ROAD SOUTH SIDE BORDERING WEST SIDE OF RO-HO ENT.: Corrie: At this time I'll open the public hearing and have staff comments, report. Stiles: Mr. Mayor and Council, this is for almost 7'/2 acres directly across the street from where the Roaring Springs Water Park would be developed. Although there are obviously changes in the area that would probably support a comprehensive plan change for that area, it is currently designation as single family residential at this time. Therefore since the request is not in accordance with the comprehensive plan, it could not be approved: I would like legal counsel to clarify whether the council should deny it or defer action on it until the comprehensive plan is done. The Comprehensive Plan update, if it's a possibility to defer it for that length of time or if it is what the council should Just deny. Gigray: Mr. Mayor and members of the Council and Madame Administrator, essential question on any annexation and zoning designation particularly you have to make a finding that the application is in conformance with the comp plan. That's a question of fact that you address in your findings, and the recommendation you have before you from Planning and Zoning says that it is not. Obviously you'll hear testimony on this issue. If ultimately it's not in conformance with the comp plan then what the applicant has to do unless they would challenge your action would be then come back and make an application to amend the comp plan to accommodate what they propose to do. I don't think we can hold this long enough. I think there's a 70 day limit in our ordinance for tabling that would allow you process a comp plan change in the same time period. Corrie: Council have any questions on the Counselor's explanation? Rountree: No. Bird: I have none. Bentley: No. Corrie: Thank you Counselor. Mr. Smith any comments? Smith: I have no comments, Mr. Mayor. 0 • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ROBERT F. BEEDE, 800 W. OVERLAND ROAD, FOR ANNEXATION AND ZONING OF 1.2 ACRES FOR INTERMOUNTAIN PET HOSPITAL, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS This matter coming on regularly for public hearing before the City Council on the 15' day of December, 1998, and applicant, Robert F. Beede, appearing, and the City Council having received the staff report and the record made before the Planning and Zoning Commission and being fully advised in the premises the Council finds, concludes and orders as follows: FINDINGS OF FACT 1. A notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for December 15, 1998, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS 0 0 than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 15, 1998, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511; and §§ 11-2-416 and 11-2-417 of the Municipal Code of the City of Meridian as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting field with the staff report. 3. The City Council adopts as its Findings of Fact numbers 1 through 27, of the Findings of Fact and Conclusions of Law and Recommendation to City Council made in the above entitled matter by the Planning and Zoning Commission which are incorporated herein by reference as if set forth at length, with the exception that Finding of Fact no. 19.2 to read as follows: 19.2 Detailed site plans are to be prepared by the applicant for any improvement upon the subject property to be reviewed and approved by the Planning and Zoning Commission. All City Ordinances will have to be complied with." FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS • CONCLUSIONS OF LAW 0 1. The City Council adopts as its Conclusions of Law those Conclusions of Law numbers 1 through 21 of the Findings of Fact and Conclusions of Law and Recommendation to City Council made in the above entitled matter by the Planning and Zoning Commission which are incorporated herein by reference as if set forth at length, with the exception that Conclusion of Law no. 19 c. to read as follows: " 19 c. Detailed site plans are to be prepared by the applicant for any improvements upon the subject property to be reviewed and approved by the Planning and Zoning Commission. All City Ordinances will have to be complied with." 2. Idaho Code § 67-6511 provides in part that: The zoning districts shall be in accordance with the adopted plan; and that particular consideration shall be given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction of the City of Meridian. 3. Idaho Code § 67-6511(d) provides that in the event the City Council adopts a zoning classification pursuant to the request of the applicant based upon a valid, existing Comprehensive Plan and Zoning Ordinance of the City, the City Council shall not subsequently reverse its action or otherwise change the zoning classification of the subject real property without the consent in writing of the current property owner for a period of FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS 0 0 four (4) years from the date of the granting of the applicant's request for zoning of the subject real property. 4. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which act is known as the "Local Land Use Planning Act of 1975." DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant prepare the legal description for the annexation of the subject real property. 2. The City Attorney prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. 3. Detailed site plans are to be prepared by the applicant for any improvement upon the subject real property to be reviewed and approved by the Planning and Zoning Commission and which plans shall be complied with as follows: 3.1 Subject to approval of an appropriate waiver, any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS 0 0 Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Kennedy Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. If the new tiling ordinance was in effect at this time, use of the ditch as an amenity could be considered. 3.2 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. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Sanitary sewer service to the proposed site is not currently available by gravity flow. Septic service should continue until municipal services are available to the subject site. Septic system upgrade to be approved by the Central District Health Department. 3.4 Water service to the site will be via an extension of the existing main in Overland Road. Applicant will be required to construct the water main across the frontage of this site. Design and routing need to be coordinated with the Public Works Department. Applicant to provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 35. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees may also be assessed against this parcel to help reimburse the parties responsible for installing the water main to its current point. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS 0 0 3.6 A Certificate of Zoning Compliance will be required prior to submitting applications for building permits. All new construction shall comply with the Americans with Disabilities Act. 3.7 Provide roadway and roadway approaches, developments and improvements to be approved by the ACHD. 3.8 Overland Road is designated as an entrance corridor to the City of Meridian. A minimum 35 -foot -wide landscape setback beyond required right-of-way needs to be provided. Landscaping plans will need to be coordinated with Nampa &. Meridian Irrigation District. 3.9 A development agreement may be required as a condition of annexation. In lieu of a development agreement, detailed site plans could be reviewed by the Planning and Zoning Commission or City Council for approval, if desired. All City ordinances will have to be met. 3.10 Provide that the easement on the Kennedy Lateral is 55 feet; 20 feet to the left and 35 feet to the right facing downstream. If any encroachments occur they must be covered under a license agreement with the Nampa Meridian Irrigation District. 3.11 All City Ordinances will have to be complied with. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS 0 • NOTICE OF FINAL ACTION 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 annexation and zoning 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. By action of the City Council at its regular meeting held January 5, 1999. ROLL CALL COUNCILMAN BIRD COUNCILMAN ANDERSON COUNCILMAN ROUNTREE COUNCILMAN BENTLEY VOTED -y-0-4 VOTED VOTED GPA —T— VOTED QP_ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED_ MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS i� By: _ t Dated: ity Clerk 0 msg\D:\MyFiles\Meridian City File\Findings3Wnnexation and Zoning FRORDER for Beede AZ 1.2 acres.wpd j)EcEr�D CITY OF MERIDI�i FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS To: Mayor and City Counicl cc. Will Berg, City Clerk Shari Stiles, Planning anWMee ctor From: Bill Gigray, City Attorney Re: Regular Agenda City Counci January 5, Date: 1-2-99 0 R]ECEIVIE]D ',I _ ! 0 3,j'�1, CITY OF MERIDIAN 1999 Items 11.13 The purpose of this memo is to give my opinion on the procedure and timing of the above reference items. They all deal with related aspects of the application by Robert F. Beede for the annexation and zoning of subject property as (C -G), General Retail and Service Commercial. You may take up agenda its 1— �JBy reason of your action on the 15th on what was there in Agenda Item 11 no development agreement was required. Therefore agenda Item no. 12 should be deleted. Then for item no. 13 could then be taken up sponsored read. The Council if it chooses could waive the 3 readings and pass the annexation depending upon whether or not the Public Works Director is satisfied with the legal description in the ordinance. 0 4 MERIDIAN CITY COUNCIL MEETING: JANUARY 5. 1999 APPLICANT: ROBERT F. BEEDE ITEM NUMBER: 12 REQUEST: DEVELOPMENT AGREEMENT FOR 800 W. OVERLAND ROAD AGENCY COMMENTS CITY CLERK: A CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 0 All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meeting December 15, 1998 Page 31 1,~ITEM N0.,11_PUBLIC HEARING: REQUEST -FOR -ANNEXATION, -AND -ZONING -OF L1.2_ACRES,BY. ROBERT F BEEDE - 800 W., OVERLAND°ROAD. Corrie: This time I'll open the public hearing and we will first receive the staff report from Gary and Shari. New procedure we are going to find out what it's all about before we start the open public hearing,while'it's open first: 'Request for annexation and zoning, do you have anything Shari? . Stiles: Mr. Mayo"r.�and council, this is for,the existing Intermountain Animal Hospital on Overland, Road. It's bounded on the east side by Mountain View Equipment, "'on the West side it ;is contiguous with the city limits. 'There is some, industrial property that is really vacant out there 'right now. Mr. Beede would like to do some expansion out there and was faced with either having to go through a conditional use permit or rezone with the county or go ahead and get annexed with the city and get hooked up to water and sewer is not available out there at this time, but he does have an existing septic system that is functioning and I'm sure he,would agree at the time sewer service is available to hookup to the sewer. There his an issue of the Kennedy Lateral that is on Overland Road there. It is in the right-of-way at this time. Ada County Highway District's comment was until that such time is Overland Road was widened, it would probably be best to leave it open. They are using it right nowpas somewhat of an amenity. If you've been out there they have (Inaudible) long edge and put some flowers in there, it does eventually need to_be tiled, it's probably a safety issue for cars along that stretch, that's the reason for his, request, and he has anymore comments? Smith-. Mr. Mayor and council, I don't have any additional comments beyond what Shari has given you. , 8 Corrie: Okay we will first hear from the applicant or those in favor of the application first. t ROBERT BEEDE. - f Beede: I'm Bob Beede I'm the owner and practicing veterinarian at Intermountain Animal Hospital,, 800 W. Overland Road in Meridian. We've been there for 15 years, we've been in the county. At some time in the future, I may decide to remodel or expand our current existing uses and so looking at that, we decided we need to get our ducks in a row and able to get set up to do that once the economy is there and looks like we can afford all the development costs if that occurs, which they keep getting bigger and bigger,-so•I don't know how that is going to turn out. Anyway, we agreed with the facts and findings. We felt'that a site plan in lieu of a development agreement would probably work if that works with planning administrator. Everything there we pretty well agreed with Nampa Meridian Irrigation District did feel it would be better to wait and not the that ditch until it was tiled along the whole section. Mountain View to Meridian City Council Meeting December 15, 1998 Page 32 the west—east of me is in the county still, they did a lot of remodeling last year and did not have to do the tiling as -well.. Ada County Highway District did talk to me about changing our entrance which would put it on to the west side, but that puts us into the back door. The clinic the way it's located on the property and having to come clear back around and because I'm going to loose all that frontage with the 55 foot easement and the 40 of the ditch company and the 48 for the easement of the highway department. I'm going to have to put my entrance facing east toward Mountain View Equipment. So, I'm working with Ada County Highway in a compromise in maybe doing a joint entry with Mountain View Equipment so we cutdown one highway access, we can still have our entrance on the east, so we are working through that process with them at this time. They felt it shouldn't be a real big deal to accomplish: that. Other than that, that's where we sit and do you have any questions for me? Bird: I have none. Rountree: I have none. Anderson: Just a comment, my dog keeps having those $200 dollar a month vet bills, you will be able to afford (Inaudible). Beede: We need a few more of those after these development costs, I'll tell you. Corrie: Okay, thank you very much. Anyone else testimony in favor of the application? Okay anybody have evidence received from the opposition? I guess there won't be any rebuttal of testimony from the doctor. Any further comments, questions, staff?, Bentley: Gary, where is the sewer at out there now? Smith: There is sewer that has been constructed in Overland Road, ends at the west side of the interstate center where Boondocks is. That sewer is not deep enough to service this property. Any service to this property would have to go to the west and into what would be an extension of the Ten Mile Trunk which is I think it goes into the Perdom Gulch Drain. So it's a long ways off for sewer service. Bentley: Okay, thank you. Corrie: Any other testimony the council wishes at this time? Hearing none, I'll entertain a motion to close the public hearing. Anderson: I make a motion we close the public hearing. Bird: Second. I� Meridian City Council Meeting { December 15, 1998 I Page 33 Corrie: Motion made by MR. Anderson and seconded by MR. Bird to close the public hearing. All those in favor of the motion say aye. Opposed? No. MOTION CARRIED: All ayes. Corrie: Council, you have the Planning and Zoning Findings of Fact and Conclusions of Law for the annexation. Looks like you need to accept those recommendations, modify those recommendations, or continue the public hearing or deny the annexation. Anderson: Make a motion that we accept the recommendations of P & Z and request that Findings of Fact and Conclusions of Law and the appropriate ordinance be prepared by the city attorney and submitted to the council for the next regularly scheduled meeting. Bird: Second that. Corrie: Motion made by MR. Anderson, seconded by Mr. Bird (Inaudible) any discussion? Bird: One clarification, in lieu with something like this, we don't need a development agreement do we? Corrie: I wouldn't think so, no. Bird: So motion is to not have the in lieu of the development agreement we will have a detailed site plans and could be reviewed by the Planning and Zoning Commission as they expand and stuff, instead of having a development agreement, is that right? Anderson: Conditional use. Bird: No. This is such a, we shouldn't require him to drop the development agreement for his own property that is already developed on out there. Corrie: I wouldn't think so. Mr. Gigray, do we need to change the motion at all? Gigray: No, I think it's just a clarification of the motion. You may want to ask Councilman Anderson whether he would accept that as a... Bird: Do you accept that Ron? Anderson: Sure. ROLL CALL: Rountree — yea, Bird — yea, Bentley — yea, Anderson — yea. I Meridian City Council Meeting December 15, 1998 Page 34 MOTION CARRIED: All ayes. 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.30 ACRES BY QUEENLAND ACRES, INC. - Y4 MILE WEST OF OVERLAND FROM MERIDIAN-KUNA ROAD SOUTH SIDE BORDERING WEST SIDE OF RO-HO ENT.: Corrie: At this time I'll open the public hearing and have staff comments, report. Stiles: Mr. Mayor and Council, this is for almost 7 Y2 acres directly across the street from where the Roaring Springs Water Park would be developed. Although there are obviously changes in the area that would probably support a comprehensive plan change for that area, it is currently designation as single family residential at this time. Therefore since the request is not in accordance with the comprehensive plan, it could not be approved. I would like legal counsel to clarify whether the council should deny it or defer action on it until the comprehensive plan is done. The Comprehensive Plan update, if it's a possibility to defer it for that length of time or if it is what the council should just deny. Gigray: Mr. Mayor and members of the Council and Madame Administrator, essential question on any annexation and zoning designation particularly you have to make a finding that the application is in conformance with the comp plan. That's a question of fact that you address in your findings, and the recommendation you have before you from Planning and Zoning says that it is not. Obviously you'll hear testimony on this issue. If ultimately it's not in conformance with the comp plan then what the applicant has to do unless they would challenge your action would be then come back and make an application to amend the comp plan to accommodate what they propose to do. I don't think we can hold this long enough. I think there's a 70 day limit in our ordinance for tabling that would allow you process a comp plan change in the same time period. Corrie: Council have any questions on the Counselor's explanation? Rountree: No. Bird: I have none. Bentley: No. Corrie: Thank you Counselor. Mr. Smith any comments? Smith: I have no comments, Mr. Mayor. MERIDIAN CITY COUNCIL MEETING: DECEMBER 15 1998 APPLICANT: ROBERT F. BEEDE ITEM NUMBER: 11 REQUEST: ANNEXATION & ZONING OF 1.2 ACRES — 800 W. OVERLAND AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED MINUTES FROM P & Z SEE ATTACHED P & Z PACKET SEE ATTACHE=D RECOMMENDATION FROM P&Z All Materials presented at public meetings shall become property of the City of Meridian. 11 Meridian Planning & Zoning Commission. November 10, 1998 Page 28 to a point where they have a question or so on that they ask us and if they can't get it resolved they send it back to us and not just a scrub and go on and do what they like with it so I think this commission has done all the homework and has the best knowledge of the project. Borup: But I don't know that we did all the homework on this one. MacCoy: Well you've got a lot more than the Council does I'll tell you when they get through with it. :4 - ITEM NO. 10: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR �l XNNEXATION AND ZONING OF 1.2 ACRES BY ROBERT F. BEEDE - 800 W. OVERLAND ROAD: MacCoy: Commissioners what do you have? Nelson: Mr. Chairman, I would like to move that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Smith: Second. ROLL CALL VOTE: Borup, aye. Smith, aye. De Weerd, aye. Nelson, aye. MOTION CARRIED: AlLaye. Nelson: The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.84 ACRES BY PAUL HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) - SOUTHWEST CORNER OF MERIDIAN ROAD AND USTICK: MERIDIAN PLANNING AND ZONING MEETING: November 10, 1998 APPLICANT: ROBERT F. BEEDE ITEM NUMBER: 10 REQUEST: ANNEXATION & ZONING OF 1.2 ACRES AGENCY COMMENTS CITY CLERK: SEE ATTACHED 10/13/98 MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: FINDINGS TO BE SUBMITTED... SEE ATTACHED COMMENTS 1119 � (" Y f Ci G � All /Materials presented at public meetings shall become property of the City of Meridian. U- row- -$' MERIDIAN PLANIOG AND ZONING COMMISSION 4&TING OCTOBER 13, 1998 PAGE 86 Smith: All right, I'll amend that to incorporate that comment. MacCoy: All right, is there a second? Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 18: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.2 ACRES BY ROBERT F. BEEDEf— 800 W. OVERLAND ROAD: MacCoy: Staff do you have anything to say about this? Stiles: Poor Dr. Beede has waited a long time for this tonight. He owns the veterinary clinic on Overland Road that's just west of Mountain States Equipment. MacCoy: That's where my dog goes, I know. Stiles: I believe if I'm incorrect he'll set me straight, but he's requesting annexation. He would like to expand his operation there. If he wants to do that because he's really a grandfathered nonconforming use in Ada County, he had the choice of either coming to get annexed into the City of Meridian or he would have had to rezone actually I believe in Ada County. He's also going to with his proposed expansion will need water to meet fire flow requirements and although there is not sewer available at this time he would have to remain on his septic system. The only way he could sewer that site would be by a lift station and I don't think the city or Mr. Beede would like to see that, but he would extend the Water to the site, provide the 35 foot wide landscape setback beyond the required right-of-way. We may require as a condition of annexation a development agreement. I made the statement in lieu of a development agreement, we could review detailed site plans at the time he wanted to propose his expansion. One issue that might have a problem is the Kennedy Lateral that runs across the southern boundary of this site. It's quite a large ditch. It's I believe located in the future right-of-way of Overland Road. It has been piped across the frontage of the Interstate Center. I don't know if that's the case that in the future he would have to — it kind of makes a difference what Ada County Highway District would say if they want him to put into a trust fund money for future tiling of that ditch when they expand Overland Road. MacCoy: We have to wait for that because the Overland Road ACHD request is that will be tiled all the way down to Ten Mile, so I don't know if I were him wouldn't push the issue right now. MERIDIAN PLANN AND ZONING COMMISSION MING OCTOBER 13, 1998 PAGE 87 Stiles: That's something that we're really going to need to address though because once he comes in for a building permit, we will have to issue a certificate of zoning compliance stating that this site is in compliance. It's a hard little piece. They have landscaped it. I mean it's a pleasant appearance. I like the open water and the sound, but there would be safety issues. I know that they have had maybe not directly in front of this site, but certainly along Overland Road incidents of cars going into it. MacCoy: which they do. Stiles: That is probably the major issues that I see. MacCoy: Is that it? It's a public hearing and is the applicant here this evening? BOB BEEDE 800 W. OVERLAND ROAD MERIDIAN WAS SWORN BY THE ATTORNEY. Beede: I'm the owner and veterinarian at Intermountain Animal Hospital. The clinic had been there for about and I appreciate your patience and I'll try to make this quick. It's been there for — I've had it for 15 years, and it was there 10, 12 before in an R -T zone with the county. Sometime in the next one to three years depending on what the development costs and fees and everything else run, I would like to do some expansion in the next one to three years. I'm just not totally sure. We're kind of looking at what all is going to be required and that will determine how much I can do in the building. I have met with ACHD about ten days ago. I do have their draft. Their comments were that they will need originally they had me give them part of the frontage 15 years ago when l went through the county. And they got it free. I think they did another 15 or 18 feet that they would buy at this stage. And so that would be part of the agreement which is fine. They want me to change the entry to the property in alignment with Linder Road and pull it away from Mountain View Equipment which makes sense safety wise and traffic wise and everything else so that I don't have a problem. That will change maybe how we design our building. We had some preliminary ideas, but now we're coming in the back door and having to drive clear around to get to the front so we may have to change some of the plans as we go along. They will also require curb and gutter and sidewalks and the lateral to be moved. But their comment and the ditch company's comment was that it's probably going to be a minimum of 5 and more like ten years before we get to that point and the. ditch company said not to even bother doing any movement and covering and tiling that ditch at this point because Mountain View Equipment just remodeled. They didn't do theirs. The property to the west, DBSI, when they develop then all three of us would go through and do that whole process and I don't know if that 13 or 14 acres spot will develop or not. There's also some talk it's pure speculation at this point, but if the water park went in that canal would be sent down through the water park and then out toward Ten Mile and so whether that MERIDIAN PLANNA AND ZONING COMMISSION MING OCTOBER 13, 1998 PAGE 88 happen or not who knows, but that is the other thing they said. You might as wait until we see if that happens rather than spend a lot of money now and then not have to have it tiled. And it would be an S-shape tile if I didn't and Mountain View didn't and the guys next to us didn't, but I think we're an improvement to the area. We're looking for a C -G zone. We've got Mountain View next to us with a lot of equipment parked around which we want to screen off from our place. I've talked to him about doing something other than the chain link fence between their place and ours and we would have to cover that cost because they don't want to spend any money, but we look at that and we'd landscape the front and handle the ditch. So I don't really have any problems with the things in the report that Shari outlined other than it's just not feasible to move the ditch at this time. The water is there and we've talked with the fire department and we'll have to sprinkle or put sprinklers in when we remodel on part of it because the pressure is not sufficient to allow just the hydrant. The sewer, we'd have to upgrade our septic system to make a little more capacity if we expand in all likelihood. We're working on that at this point. Until the sewer system gets developed further to the west, we would then hook into that, and we don't have any problems with the rest of the process there. So basically at this point, we just want to get annexed and zoned so that then we can sit down and look at our development costs and do some planning, see what it's going to take and see what we can afford and can't afford to do if we remodel. MacCoy: I was glad to hear about your comment from ACRD. Because I thought that your neighbor got away with it. Plenty to stand on to say hey you know look at this. The other part about the water park has not come to here yet. We know that it's coming, the press said it's coming. One of the things we look at is the water. Where we're going to get it from and so on and so on. They have collectively said Meridian, ACRD, etc. that you let everything sit till the time they show up and handle that at that time. So you may be the lucky one in the end. Beede: Any questions? Borup: Well maybe just clarification. Shari is your statement really that the applicant needs to request a formal variance on the ditch? Stiles: A waiver. Borup: Okay, just a waiver. Beede: That would be great. We currently landscaped some and we would be willing to landscape it more — Borup: You mentioned that her item number two was the only one you had any question on and that was in there because it is a city ordinance. Otherwise the waiver needs to be requested. MERIDIAN PLANNA AND ZONING COMMISSION MING OCTOBER 13, 1998 PAGE 89 Beede: That would be the case,'yeah. MacCoy: Anything else? Commissioner De Weerd? De Weerd: Nothing. Smith: I like it. I'm ready to go. Let's move this thing — MacCoy: Commissioner Nelson? All right you can sit down for a moment here. We'll ask the rest of the public here if they want to talk on this. I guess not, so I guess we'll close the public hearing and commissioners what do you want to say? Smith: Mr. Chairman, I'd like to make a motion that we ask the city attorney to prepare Findings of Fact and Conclusions of Law on this item with the recommendation to City Council for approval and with the inclusion of a waiver on tiling the ditch. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM"NO. 19: ADA COUNTY DEVELOPMENT SERVICES — RE: 98-41-TLQ TERRY A. CUSHING — 2230 S. LOCUST GROVE ROAD, MERIDIAN, IDAHO. MacCoy: Now on this item 19 I've got a question for our attorney here. Rossman: It's too late for that Malcolm: Go ahead. MacCoy: I'm not really sure what we're going to do with this. Do you understand this thing? Rossman: Do this last thing? I have no idea. I looked at it and I — MacCoy: You're a help. Rossman: No, I don't see any — MacCoy: Okay, I'll ask Shari then. Rossman: I don't see any authority or any ordinance provision that would provide for such a hearing. OCT 14 1998 ly CITY OF MERIDIAN PLANNING iia ZONING OCT 1 � 1��E SUSAN S. EASTLAKE, President LITY OF 31E�j� GARY E. RICHARDSON, Vice President 'C Il'S Ci SHERRY R. HUBER, Secretary October 8, 1998 TO: Robert F. Beede 2281 N Kubik Place Meridian, ID 83642 FROM: Steve Arnold, Senior Analyst Planning & Development Division SUBJECT: MA -07-98 Annexation & Zoning 800 W. Overland Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on October 7, 1998. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. SA cc: Pian&Dev Svcs-chron/file John Edney Chuck Rinaldi Glenn Bennett (1530 W State St., Meridian, ID 83642) City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714-6499 Phone (208) 387-6100 9 FAX (208) 345-7650 • E-mail: tellus@achd,ado.id.us • i ADA COUNTY HIGHWAY DISTRICT Planning and' Development Division Development Application Report MA -07-98 800 Overland Road Rezone from RT to C -G The applicant is requesting rezone approval from RT to C -G. The 1.2 -acre site is located on the north side of Overland Road, approximately '/z mile west of Meridian Road. This development is estimated to generate 70 additional (120 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Overland Road ACHD Commission Date - October 7, 1998 - 12:00 p.m. 13 13 ON O w LU ON O w 2 ane kAOOsnw s Ji 7C < 17- O s Lu m U) cr- REE PLANTING DETAIL FREE & SHRUB PLANTING )9 5ALLZC ANC BURLAPPHD, SEE CSTAIL TH19 ..UNG. :00: G 4-VTUCCY �LL'EGR' 9 3L� : C'^\S!9TtNG :5'. GLACE AND 25% r .A-ESTIC CQ AFP ROY= 'MULAR GRNNC SOIL AIC TO 93 F --JC-.= ON G YiCAS. 45TALL (3) S x 2 SrA455 8Y9NLT' SPACED AT ' SLL ST.uCnS WITH COTTGN W50' -LING OR OTNcR 140C. -S-. ALL 0AC«IL-I DTIX CCR ALL PL.:.VTS. USE N -NK.- IIx SVC 'it CxISTING 501L REMOVED PITS. DIG ALL PANT PITS MICS THE 51=3 ^0 501L TO A 4VIFCRM LNC °.i-'O­Th4 SURFACE. 7C4S AND FCRSIGN F1A75RIAL I" AN7 LARGER 4500. 4STALL ONE SPP I(:AT1CN CP APPROYSD :TS =0R ALL PLANTS. PROVIDE AND INSTAL "-ICATICN CF START -.R FERTILI_R FCR SCC 2TILI=lQ5 TO E"a %PPROvSD BY THE OUNER .:CATICN AND 1ePLI6D GT T'IANUF�,^.T�R5R5 RATE. .1 LA" SWALL DE GUARANTEE-) FCR ONE -':SZ EEA50N AFTER CCMPL_TION CF PINAL ACC=PTSVCZ AR=A3 TO BG PRO`/IC5C WITH FULLY iNKL3R SY9T� '8. =RAL SITE NOTES :TRACTCR WILL BE FCR . T?C:+NICUZS AND DISPOSAL Co C= -5R15. r -ALL Bc CCC•Z=INA727 WITH ALL A�cCTv 3 AND 5"ALL CIT.', CCI:NTY i AND CRCINANNCE3 rrR TH5 PRCP_R :MI5. vTRAGTCR --+4ALL BE R=3-CNSI5L3 FCR -%N= PQC—CT,VG ANY UT:1-17IE9 Tr=: :Q CS"!1s=LINE-5 T7 -AT ARE . =LOC :;.. UTILITY GC"PA.NIE3 A.S AGC�PTABL= -:-L- 9c .^•CCS 1: ACCCRDSVCZ WIT. fl•:c SLIS�cD 9Y 7> =- UTILITY CCP"PANY AF --EC --Z=. .•'ZC:+SNICAL SVC 2L3C-R!CAL SEQVIC=3 4STR'.:CTICN AR=.Z6 S: -ALL 9E CCNZ NN =i ALL STATE SVC LOCLA'_ CODES AND 7 WCRK."!SVSHIP SHALL CCAFCTT TO TH5 =I TIC.V CF THH I-NIPCRM -5t:IL7ING CCCE. 4 CCNCIrICNS AND CHeCK ALL Cl`,--NNCN6 -RICK TO STAQTING WORK. INFOt' TH5 D13CRGP1\C:o3 POI:ND PRIOR TO TME WORK. 0 Y� aa I� 6.2 44 O � Z. OIC N aCGE CP PlvV-G I¢ I ,1� a wS%'ING CI+AINL,NK. ' .. i N 89 3Y:0" Paz= CUTSIC CEtLIvC: AREA ew1eTN6 .rays r rae .ra1jTO' 511 Ie�-w.—r ut�sL e�e�•e�' pElT.Y. L14.:9U�'4 DGe7 0' dGl Ujy�.'JIT2t ri-5c x ,' Q OVERLAND ROAD S T E P L A N 15L:IL.DINCa FZ SEC:- eulu�+G .tir.ema.0 3cds ; s:e _ uts Tri 9r'e ' h^ SCALE: I" .:C' -O•' °.lOU4-Q:' C-SCRIPTIGrI : APARCa'1 LC: 1.s % IN tNS SW ''. Cr TI+E SE's. Cl. S2CT!CN 13. TOIhS..iP 3 �:CRT'�, R.:NG6 I I:EgT, g015d eRIC1AV, ACA C:CI.VY, NOA.:C. FE^^«RD CF SURv^.' NO. x:90. 3 qLAMOR ^7 wRAr. .eRt!u�a TAeL.TS. _ G• REE PLANTING DETAIL FREE & SHRUB PLANTING )9 5ALLZC ANC BURLAPPHD, SEE CSTAIL TH19 ..UNG. :00: G 4-VTUCCY �LL'EGR' 9 3L� : C'^\S!9TtNG :5'. GLACE AND 25% r .A-ESTIC CQ AFP ROY= 'MULAR GRNNC SOIL AIC TO 93 F --JC-.= ON G YiCAS. 45TALL (3) S x 2 SrA455 8Y9NLT' SPACED AT ' SLL ST.uCnS WITH COTTGN W50' -LING OR OTNcR 140C. -S-. ALL 0AC«IL-I DTIX CCR ALL PL.:.VTS. USE N -NK.- IIx SVC 'it CxISTING 501L REMOVED PITS. DIG ALL PANT PITS MICS THE 51=3 ^0 501L TO A 4VIFCRM LNC °.i-'O­Th4 SURFACE. 7C4S AND FCRSIGN F1A75RIAL I" AN7 LARGER 4500. 4STALL ONE SPP I(:AT1CN CP APPROYSD :TS =0R ALL PLANTS. PROVIDE AND INSTAL "-ICATICN CF START -.R FERTILI_R FCR SCC 2TILI=lQ5 TO E"a %PPROvSD BY THE OUNER .:CATICN AND 1ePLI6D GT T'IANUF�,^.T�R5R5 RATE. .1 LA" SWALL DE GUARANTEE-) FCR ONE -':SZ EEA50N AFTER CCMPL_TION CF PINAL ACC=PTSVCZ AR=A3 TO BG PRO`/IC5C WITH FULLY iNKL3R SY9T� '8. =RAL SITE NOTES :TRACTCR WILL BE FCR . T?C:+NICUZS AND DISPOSAL Co C= -5R15. r -ALL Bc CCC•Z=INA727 WITH ALL A�cCTv 3 AND 5"ALL CIT.', CCI:NTY i AND CRCINANNCE3 rrR TH5 PRCP_R :MI5. vTRAGTCR --+4ALL BE R=3-CNSI5L3 FCR -%N= PQC—CT,VG ANY UT:1-17IE9 Tr=: :Q CS"!1s=LINE-5 T7 -AT ARE . =LOC :;.. UTILITY GC"PA.NIE3 A.S AGC�PTABL= -:-L- 9c .^•CCS 1: ACCCRDSVCZ WIT. fl•:c SLIS�cD 9Y 7> =- UTILITY CCP"PANY AF --EC --Z=. .•'ZC:+SNICAL SVC 2L3C-R!CAL SEQVIC=3 4STR'.:CTICN AR=.Z6 S: -ALL 9E CCNZ NN =i ALL STATE SVC LOCLA'_ CODES AND 7 WCRK."!SVSHIP SHALL CCAFCTT TO TH5 =I TIC.V CF THH I-NIPCRM -5t:IL7ING CCCE. 4 CCNCIrICNS AND CHeCK ALL Cl`,--NNCN6 -RICK TO STAQTING WORK. INFOt' TH5 D13CRGP1\C:o3 POI:ND PRIOR TO TME WORK. 0 Y� aa I� 6.2 44 O � Z. OIC N aCGE CP PlvV-G I¢ I ,1� a wS%'ING CI+AINL,NK. ' .. i N 89 3Y:0" Paz= CUTSIC CEtLIvC: AREA ew1eTN6 .rays r rae .ra1jTO' 511 Ie�-w.—r ut�sL e�e�•e�' pElT.Y. L14.:9U�'4 DGe7 0' dGl Ujy�.'JIT2t ri-5c x ,' Q OVERLAND ROAD S T E P L A N 15L:IL.DINCa FZ SEC:- eulu�+G .tir.ema.0 3cds ; s:e _ uts Tri 9r'e ' h^ SCALE: I" .:C' -O•' °.lOU4-Q:' C-SCRIPTIGrI : APARCa'1 LC: 1.s % IN tNS SW ''. Cr TI+E SE's. Cl. S2CT!CN 13. TOIhS..iP 3 �:CRT'�, R.:NG6 I I:EgT, g015d eRIC1AV, ACA C:CI.VY, NOA.:C. FE^^«RD CF SURv^.' NO. x:90. 3 Facts and Findings: A. General Information V Owner - Robert Beede Applicant - Same RT - Existing zoning. C -G - Requested zoning 1.2 - Acres 4,647 - Square feet of existing building 288 - Traffic Analysis Zone (TA.Z) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Overlandy Road Minor arterial with bike lane designation No traffic count available 165 -feet of frontage 70 -feet existing right-of-way (30 -feet north of section line) 96 -feet required right-of-way (48 -feet from centerline) Overland Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk. B. There is an existing veterinary clinic on the site. The site has one 16 -foot wide driveway on Overland Road located abutting the site's eastern property line. There is a driveway on the north side of Overland Road located 15 -feet east of the site's driveway and Stoddard Street' is located 130 -feet west of the site's driveway (measured near edge to near edge). The site's driveway does not meet District policy's required 220 -feet of separation between the driveway and Stoddard Street and the required 230 -feet of separation between driveways on Overland Road. The applicant will be required upon further development of the site to construct a new driveway in alignment with Stoddard Street to the south, located on the site's western property line. This driveway will require a box culvert to cross the Kennedy Lateral that abuts the site, and will be located 160 -feet west of the existing driveway to the east. Staff recommends a variance from the required 230 -feet of separation between driveways on Overland Road, because the site has insufficient frontage to meet the offset between driveways and this driveway would be in alignment with a public street to the south. C. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk on Overland Road abutting the site, located 2 -feet within the new right-of-way line. MA0798.COM Page 2- 6. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 7. Other than the access point specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall s ecifical y identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardshi or inequity, The written request shall be submitted to the District no later than 9.00 a m on the Ly scheduled for A .HD Commission action- Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentaiion of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. 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 MA0798.COM Page 4 • „ 0 representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. MA0798.COM Page 5._ REcE� f D 1 BEFORE THE PLANNING AND ZONING COMMISSION NOV 0 6f998 I7'" OF MERIDIAN IN THE MATTER OF THE APPLICATION OF ) FINDINGS OF FA(---4>--- ROBERT F. BEEDE, 800 W. OVERLAND RD.) CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 1.2 ) ACRES FOR INTERMOUNTAIN PET ) HOSPITAL, MERIDIAN, IDAHO ) The above entitled annexation and zoning application having come on for public hearing on October .13, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 13, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and I FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the October 13, 1998, public hearing; and the Applicant, affected property owners, and government subdivisions providing. services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with -all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511; and §§11-2-416 and 11-2-417 of the Municipal Code of the City of Meridian as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 4. The property is approximately 1.2 acres in size. The property is located at 800 W. Overland Road, Meridian, Idaho. 5. The Applicant is the record owner of the property and has filed a written request for annexation and zoning. 6. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629 -Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. a 2 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL e 7. The property is presently zoned by Ada County:as Rural Transition (RT), and is currently being operated as Intermountain Pet Hospital, providing veterinary care and boarding facilities. ,8. The Applicant requests the property be zoned (C -G), General Retail and Service Commercial. 9. The Applicant has requested the annexation and zoning, and the application was not initiated at the request of the City of Meridian. 10. The proposed site of ,the subject property is adjacent to the north side of w Overland Road. The property to the immediate west of the proposed site' is zoned Light Industrial (I -L): To the'south is a dairy farm and a number of low cost rental homes. The properly to the immediate east and north of the subject site is owned by Mountain View Farm Equipment, Further east is the Boondocks recreation center and a commercial development. 11. The city limits of the City of Meridian are adjacent and abut on the north side of the subject property. 12. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation, 13. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 14. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C—G) — ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL 3 z Comprehensive Plan. 15. The Applicant proposes to develop the subject property in the following manner: Remodel and expand services of the facility currently on the subject property. 16. Traffic volume on Overland Road East of Linder is quite high and serves as, a minor arterial. 17. Giving due` consideration to the comments received from the governmental subdivisions .providing services in the City of Meridian planning jurisdiction public facilities and services required'by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 17.1 Subject to approval of an appropriate waiver, any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will `need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Kennedy Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. If the new tiling ordinance was in effect at this time, use of the ditch as an amenity could be considered. 17.2 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. Wells may be used for non-domestic purposes such as landscape irrigation. 17.3 Sanitary sewer service to the proposed site is not currently available by gravity flow. Septic service should continue until municipal services are available to the subject site. Septic system upgrade to be approved by the Central District Health Department. 17.4 Water service to the "site will be via an extension of "the existing 'main in Overland Road. Applicant will be required to construct the water main across the frontage of this site. Design and routing need to be coordinated 4 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL; • with the Public Works Department. Applicant to provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 17.5 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees may also be assessed against this parcel to help reimburse the parties responsible for installing the water main to its current point. 17.6 A Certificate of Zoning Compliance will be required prior to submitting applications for building permits. All new construction shall comply with the Americans with Disabilities Act. 17.7 Provide roadway and roadway approaches, developments and improvements to be approved by the ACHD. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth, in these findings of fact no. 17 and all subparts the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement should be included in a development agreement, a condition of annexation and zoning designation. 19. It is found that the following are development considerations which must be taken into account, in order in assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed 5 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL development on potential to produce excessive traffic, noise, smoke, fumes, glare and odor's: 19.1 Overland Road is designated as an entrance corridor to the City of Meridian. A minimum 35 -foot -wide landscape setback beyond required right-of-way needs to be provided. Landscaping plans will need to be coordinated with Nampa & Meridian Irrigation District. 19.2 A development agreement may be required as a condition of annexation. In lieu of a development agreement, detailed site plans. could be reviewed by the Planning and Zoning Commission or City Council for approval, if desired. All City ordinances will have to be met. 19.3 Provide that the easement on the Kennedy Lateral is 55 feet; 20 feet to the left and 35 feet to the right facing downstream. If any encroachments occur they must be covered under a license agreement with the Nampa & Meridian Irrigation District. 20. It is the policy of the City Council that agreements are difficult to enter into prior to annexation ordinances being passed;, as such the Planning and Zoning Commission recommends that if the City Council deems a development agreement necessary such agreement should be entered into prior to the passage of an annexation and ordinance of zoning designation and prior to issuance of any building permits or alternatively, Applicant submit detailed site plans for review by the Planning and Zoning Commission or City Council. 21 The Applicant's requested zoning of the subject real property as General Retail and Service Commercial, -(C -G) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed -Planned Use Development. r 6 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL • 0 22. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 23. The development of the property as a (C -G) General Retail and Service Commercial District, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (C -G) General Retail and Service Commercial Zoning District and in accordance with the adoptive Comprehensive Plan of the City of Meridian. 24. There are no major or scenic features of major importance that affect the consideration of this application. 25. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as follows: 25.1 The consideration of the provisions of the Comprehensive pian and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high-quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 25.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 25.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 7 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL 25.4 The application is consistent with Meridian's self identity. 25.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the -City's ability to finance and' implement public improvements, services and its open space character. 25.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 25.7 Compliance with the requests of the Political subdivisions providing > services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 25.8 Compatible and efficient use of land through innovative and functional .site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 26. The property can be physically serviced with City water if the Applicant extends -the line. 27. The legal description submitted with the application for annexation and zoning apparently meets the requirements of the City of Meridian and the State Tax Commission. If the legal description as submitted does not meet such requirements, Applicant -shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights-of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94), and - '/2 of all other adjacent Public Right -of -Ways. The legal description shall be prepared by a s FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary which is required for the preparation for the annexation ordinance. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code §67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code §50-222. The Municipal Code of the City of Meridian §11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL • • 4, The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 5. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission may, however, continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a decision. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall insure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 11-2- 416(E)(2)(c), City of Meridian Zoning and Development Ordinance.) 6. The following are found to be pertinent provisions of. the City of Meridian Comprehensive Plan and are applicable to this Application: 1. The Goals of the Comprehensive Plan are set forth at Page 5 and include: 1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. Io FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL • 1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 1.4 To provide housing opportunities for all economic groups within the community. 1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 1.7 To provide community services to fit existing and projected needs. 1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 1.9 To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 2. Under ECONOMIC DEVELOPMENT COMMERCIAL ACTIVITY CENTERS at page 17 Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. I1 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL 0 Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. MIXED -PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such' as specialty retail/commercial, variable density residential, offices, motels, industrial, service, commercial, and public and semi-public uses. Certain areas have been designated for mixed -planned uses. The development of. mixed and planned compatible land uses should be carefully guided through specific project plans, in accordance with the mixed-use policies contained in the Land Use chapter of the Plan. Economic Development Goal Statement Policie , Page 18 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 3. Under LAND USE 12 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Area of Impact, Page 22 Comprehensive Plan Map The proposed future land use delineation's for the impact area are shown on the Comprehensive Plan Map — Generalized Land Uses, . . The land use element is based upon these objectives: 4. Planned mixed uses along 1-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. (Emphasis added.) COMMERCIAL ACTIVITY CENTERS, Page 25 In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage 4. Under TRANSPORTATION, Page 43 Existing Conditions a. Overland Road, East of Linder, is designated as a minor arterial 13 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL 5. Under COMMUNITY DESIGN, at Page 11 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Design Areas Goal Statement 2.1 U Require businesses and government to install and maintain landscaping: 2.2U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. EntWmay Corridors Entryway corridors are arterial roadways entering the community that introduce both visitors and residents to Meridian. City -designated gateway arterials include the following streets: 14 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL Entryway corridors are a community's front door. It is acknowledged that the corridor's trees (or lack thereof), commercial signage, and site`character provide the first; and often times the most lasting, impression of the entire community. Therefore, the entire community governing bodies, have the right and the development and redevelopment that corridors. Entrance Corridors Goal Statement and, most specifically its responsibility to guide the occurs along entryway Promote, encourage, develop and maintain aesthetically - pleasing entrances to the City of Meridian. Policies 4.2U Support ACHD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. Quality of Environment Goal Statement Policies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6. Under MIXED-USE AREAS ADJACENT TO 1-84, OVERLAND ROAD AND FRANKLIN ROAD, at Page 27 These areas are unique in that they are surrounded by arterials, immediately adjacent to the freeway (1-84), are relatively level in Is FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL topography, have a distinct linear shape, and are greatly affected by contiguous industrial, residential and commercial land uses. In order that compatible land uses and efficient use of the land might occur, this corridor is anticipated for a variety of planned, compatible mixed uses. Probable mixed uses for the areas could be commercial, combined medium -to -high density residential, open space uses (as a means to buffer highway noise), tourist lodging, industrial, office, medical, and related land uses. 7. The requested zoning of General Retail and Service Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408(6)(11) as follows: (CG) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a ` review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well.as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 8. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed - Use Area at Overland Road/1-84, in 5.10, states that development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 9. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which Idaho Code §67-6513, relates to subdivision ordinances, and provides as } (follows: Each such ordinance may provide for mitigation development on the ability of political subdivisions districts, to deliver services without compromising current residents or imposing substantial additional accommodate the subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL of the effects of subdivision of the state, including school quality of service delivery to costs upon current residents to 16 9 0 10. That pursuant to the authority of the Idaho State Legislature, the City may impose either a development fee or a , transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 11. That Section 11-9-605 G 1. states as follows: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement. 12. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 13. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan ....; 5. A more convenient pattern of commercial, residential- and industrial uses as well as public services which support such uses. 14. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 15. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 17 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 16. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 17. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. 18. As a condition of annexation and the zoning of (C -G) General Retail and Service Commercial, the Applicant may be required to enter into a development agreement as authorized by Sections 11-2-416 L and 11-2-417 D of the real property, which is the subject of this application, prior to the passage of an annexation and ordinance of zoning designation; that the applicant enter into a development agreement for the development of the subject property, condition of annexation, a condition'of zoning (C- G) General Retail and Service Commercial, authorized by Sections 11-2-416 L and 11-2- 417 D, Municipal Code of the City of Meridian. As an alternative to entering into a development agreement Applicant may be required to submit detailed site plans for review by the Planning and Zoning Commission or City Council for approval. Is FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL 19. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for annexation and zoning as set forth hereinabove with the following conditions: ,a. Applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site as set forth hereinabove. b. All conditions set forth herein be complied with. C. Applicant enter into a development agreement and/or submit detailed site plans that provide that in the event the conditions herein are not met by the developer that the property shall be subject to de -annexation, with the City of Meridian which provides the conditions of the development as set forth hereinabove. d. It is provided that all requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated October 9, 1998, be complied with. e. All comments and conditions set forth by the Meridian Police Department, Meridian Fire Department, Meridian Water Department, Central District Health Department, Ada County Highway District, and the Nampa & Meridian Irrigation District must be complied with. 20. .The above conditions are considered to be reasonable and the Applicant shall meet such requirements as a condition as approval of the .application for annexation and zoning. 21. It is hereby recommended by the Meridian Planning and Zoning. Commission'that should the Applicant meet the afore stated conditions that the 19 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL Ll requested annexation and zoning as set forth hereinabove be granted by the Meridian City Council to the Applicant. 20 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as set forth within these Findings of Fact and Conclusions of Law as requested by the Applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the'Meridian City Council. MOTION: APPROVED:_ DISAPPROVED: 110698 -Final �v 21 FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO (C -G) - ROBERT F. BEEDE INTERMOUNTAIN PET HOSPITAL SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary TO: Robert F. Beede 2281 N Kubik Place Meridian, ID 83642 FROM: Steve Arnold, Senior Analyst . Planning & Development Division Gln f w7bil 1 .4-4 RPOE:rVED EC�NE OCT 14 1998 R D CITY OF MERIDIAN OCA 191998 PLANNING & ZONING EMMES O October 8, 1998 SUBJECT: MA-07-98/�� Annexation & Zoning 800 W. Overland Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on October 7, 1998. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. SA cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi Glenn Bennett (1530 W State St., Meridian, ID 83642) CCitTF Reridian �.}� ada county highway district 318 East 37th • Boise, Idaho 83714-6499 Phone (208) 387-6100 • FAX (208) 345-7650 9 E-mail: tellus@achd.ada.id.us ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MA -07-98 800 Overland Road Rezone from RT to C -G The applicant is requesting rezone approval from RT to C -G. The 1.2 -acre site is located on the north side of Overland Road, approximately % mile west of Meridian Road. This development is estimated to generate 70 additional (120 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Overland Road ACHD Commission Date - October 7, 1998 - 12:00 p.m. N N Go �- N N rtt N N N co (7-j Qi T t 00 O -r' J z f y I n OPOPOO•►POf f— i _ OON�►OOOOPNP1Pe000 �; ty •� ¢ - N M P '3nv ;kAOOsnvi S cr- �� vF T2t - •— v . W M •, W � — = o x - f N � _ voll3d s o ti m N N N L r 1-1 n N ♦ P ♦ ♦ OPP4►PPPPPPPPPPP7►P 1 A I • Facts and Findings: A. General Information Owner - Robert Beede Applicant - Same RT - Existing zoning C -G - Requested zoning 1.2 - Acres 4,647 - Square feet of existing building 288 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Overland Road Minor arterial with bike lane designation No traffic count available 165 -feet of frontage 70 -feet existing right-of-way (30 -feet north of section line) 96 -feet required right-of-way (48 -feet from centerline) Overland Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk. B. There is an existing veterinary clinic on the site. The site has one 16 -foot wide driveway on Overland Road located abutting the site's eastern property line. There is a driveway on the north side of Overland Road located 15 -feet east of the site's driveway and Stoddard Street is located 130 -feet west of the site's driveway (measured near edge to near edge). The site's driveway does not meet District policy's required 220 -feet of separation between the driveway and Stoddard Street and the required 230 -feet of separation between driveways on Overland Road. The applicant will be required upon further development of the site to construct a new driveway in alignment with Stoddard Street to the south, located on the site's western property line. This driveway will require a box culvert to cross the Kennedy Lateral that abuts the site, and will be located 160 -feet west of the existing driveway to the east. Staff recommends a variance from the required 230 -feet of separation between driveways on Overland Road, because the site has insufficient frontage to meet the offset between driveways and this driveway would be in alignment with a public street to the south. C. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk on Overland Road abutting the site, located 2 -feet within the new right-of-way line. MA0798.COM Page 2 .V 6. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 7. Other than the access point specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made`in writing to the ACHD Planning and Development Supervisor. The request shspecificallyll identify each requirement to be reconsidered and include a written explanation of why sucha requirement would result in a substantial hardshipor inequity. The written request shall be submitted to the District no later than 9.00 a.m. on the day scheduled for AHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACED Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically id n i each requirement to be reconsidered and include written_ documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. 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 MA0798.COM Page 4 MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 13, 1998 APPLICANT: ROBERT F. BEEDE AGENDA ITEM NUMBER: 18' REQUEST: ANNEXATION AND ZONING, OF 1.2 ACRES 800 W. OVERLAND ROAD AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITYpATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS -REVIEWED, SEE ATTACHED COMMENTS` SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE:` CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS - SETTLERS IRRIGATION: IDAHO POWER: US WEST: �P INTERMOUNTAIN GAS: " BUREAU OF RECLAMATION: OTHER: e All Materials presented at public meetings shall become property of the City of Meridian. i� - t 4", To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: September 15, 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION AND ZONING OF 1.2 ACRES BY: ROBERT F. BEEDE LOCATION OF PROPERTY OR PROJECT: 800 W. OVERLAND ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT J POLICE DEPARTMENT _CITY ATTORN EY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLA T N(PRELIM & FINAL YOUR CONCISE REMARKS: y • HUB OF TREASURE VALLEY 0 Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 8884433 • Fax (208) 887-4813 E C] VE PLANNING AND ZONING DEPARTMENT BIRD RE (208)884-5533 SEP 16 1998 CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: September 15, 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION AND ZONING OF 1.2 ACRES BY: ROBERT F. BEEDE LOCATION OF PROPERTY OR PROJECT: 800 W. OVERLAND ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT J POLICE DEPARTMENT _CITY ATTORN EY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLA T N(PRELIM & FINAL YOUR CONCISE REMARKS: y Mayor ROBERT D. CORRIE Co6ncil Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 0' HUB OF TREASURE VALLEY • A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN P(208) 884-4264 UBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 Phone (208) 888-4433 • Fax (208) 887- L CET " DLANNING AND ZONING DEPARTMENT SEP 1 7 1998 (2081884-5533 ' OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENTYROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: September 15, 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION AND ZONING OF 1.2 ACRES BY: ROBERT F. BEEDE LOCATION OF PROPERTY OR PROJECT: 800 W. OVERLAND ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: q — /� ehr /-9,/ Z -72Z %-5-R-to ;6,6— hlD To insure that your comments and recommendafions will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998, TRANSMITTAL DATE: September 15, 1998 HEARING DATE:_ October 13, 1998 REQUEST: ANNEXATION AND ZONING OF 1.2 ACRES BY: ROBERT F. BEEDE I LOCATION OF PROPERTY OR PROJECT: 800 W. OVERLAND ROAD TAMMY DE WEERD, P2 MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR �RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT ~_POLICE DEPARTMENT CITY ATTORNEY MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCIS€/REMAR S: ,e FtFUEYVED OCT -7 Asea CITY OF MERIDIAN NUB 0 Mayos ROBERT D. CORRIE OF TREASURE YALLEy A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208)884-4264 WORKS CHARLES ROUNTREE 33 EAST IDAHO PUBLIC BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT RECEIVED (208) 884-5533 SEP 16 1998 Meridian City TRANSMITTAL TO AGENCIES FOR COMMENTS`OPWOPE hb]O GIENT PROJECTS WITH THE CITY OF MERIDIAN - To insure that your comments and recommendafions will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998, TRANSMITTAL DATE: September 15, 1998 HEARING DATE:_ October 13, 1998 REQUEST: ANNEXATION AND ZONING OF 1.2 ACRES BY: ROBERT F. BEEDE I LOCATION OF PROPERTY OR PROJECT: 800 W. OVERLAND ROAD TAMMY DE WEERD, P2 MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR �RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT ~_POLICE DEPARTMENT CITY ATTORNEY MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCIS€/REMAR S: ,e FtFUEYVED OCT -7 Asea CITY OF MERIDIAN (,._ •• DISTRICT iff HEALTH t. DEPARTMENT Rezone # Conlditional Use # Preliminary / Final / Short Plat I I Ir IISTRICT HEALTH DEPAI Environmental Health Division 4 ` ENT. Return to: ❑ Boise ❑ Eagle ❑ Garden, City Meridian ❑ ❑ ACz I. We have No Objections to this Proposal. ❑_. -� ' p SEP 2 9 1998 2. "We recommend Denial of this Proposal. T-77 1':sZ9 'ixre'fl ❑ 3. Specific'knowledge as to the exact type of use must be provided before,we can commenebn`this Proposal. 4. We will require more data concerning soil conditions on this Proposal before we can comment. 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: J� high seasonal ground water ❑ waste flow characteristics 0 or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. • After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ if. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations: e-41 ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools ors as ❑ child care center rg . %� Date: 21,12711 l4 Reviewed By: [DHD 10/91 d, rev. 7/91 Review Sheet 11 - '1— RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 24 September 1998 Will Berg, City Clerk City of Meridi'an 33 East Idaho 2 Meridian, ID 83642 1 REcElvE D SEP 2 8 1998 ORGANIZED 1904 CITY OF MERIDIAN me"-d4-4* *7"04&4W 7.. Z). 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Annexation and Zoning for Robert F. Beede Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the annexation and zoning although the District's Kennedy Lateral courses through this project. The easement on the Kennedy Lateral is 55 feet; 20 feet to the left and 35 feet to the right facing downstream. If any encroachments occur they must be covered under a license agreement with the District. Sincerely,, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln cc: File - Shop File - Office Water Superintendent t BVIJt YKUJtI,I KK rlIZL - 4V,VVV FACSIMILE COVER SHEET TO: Fax Number: 9' 3F�25 DATE: DELIVER TO: &,/�p TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (including cover sheet):_ FROM: CITY OF MERIDIAN - Fax Number (208)887-4813 TITLE/DEPARTMENT: COMMENTS Please call us if you do not receive all FAX transactions successfully. Phone number (208)888-4433 • NUB OF TREASURE VALLEY . Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Mem n CITY OF MERIDIAN 834-426.4 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83632 (208) 337-2211 RON ANDERSON Phone (208) 888-4133 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208) 83.1-5533 FACSIMILE COVER SHEET TO: Fax Number: 9' 3F�25 DATE: DELIVER TO: &,/�p TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (including cover sheet):_ FROM: CITY OF MERIDIAN - Fax Number (208)887-4813 TITLE/DEPARTMENT: COMMENTS Please call us if you do not receive all FAX transactions successfully. Phone number (208)888-4433 ** TX CONFIRMATOREPORT ** DATE TIME TO/FROM 26 10/13 12:52 8883825 AS OF OCT 13 '(0:54 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 01'51" 005 036 OK TO: ;: •.�DATE: —414&L DELIVER TO: TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (including cover sheet):__ FROM: CITY OF MERIDIAN - Fax Number (208)887-4813 9 BTU 1-4 TITLE/DEPA COMMENTS W Please call us if you do not receive all FAX transactions successfully. Phone number (208)888-4433 NUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN a PUBLIC WORKS CHARLES ROUNiREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY NIERIDIAN, IDAHO 83642 (2203) 991 2-'11 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208) 981.5533 FACSIMILE COVER SHEET TO: ;: •.�DATE: —414&L DELIVER TO: TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (including cover sheet):__ FROM: CITY OF MERIDIAN - Fax Number (208)887-4813 9 BTU 1-4 TITLE/DEPA COMMENTS W Please call us if you do not receive all FAX transactions successfully. Phone number (208)888-4433 7�>�� l HUB OF TREASURE VALLEY ' D Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 MEMORANDIIM: October 9, 1998 To: Planning & Zoning Commission, Mayor & City Council REcE'VED i k From: Bruce Freckleton, Assistant to City"En ineer OCT 111998 ^ Shari "Stiles, P&Z Administrator CITY OF MERIDIAN Re: Request for Annexation'and Zoning to C -G of 1.2 Acres for the Intermountain Animal Hospital by Robert F. Beede We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: The applicant would like to expand his existing operation on Overland Road. Because his property is zoned RT in Ada County, he would have to be rezoned through the County in order to get a building permit. Because water will also need to be supplied to his site to meet fire flow demands, the applicant is requesting annexation to the City of Meridian. The parcel is located in a site designated as mixed planned use development in the Meridian Comprehensive Plan. 1. This application is for a parcel of land immediately west of Mountain View Equipment Company. The legal description submitted with the application for annexation appears to meet the requirements of the City of Meridian, and State Tax Commission. 2. Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Kennedy Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. If the new tiling ordinance was in effect at this time, use of the ditch as an amenity could be considered. 3. 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. Wells may be used for non-domestic purposes such as landscape irrigation. IntemitnAnimalHosp.AZ P&Z Commission/Mayor & Council October 9, 1998 Page 2 5. Sanitary sewer service to the proposed site is not currently available by gravity flow. Septic service should continue until municipal services are available to the subject site. b. Water service to the site will be via an extension of the existing main in Overland Road. Applicant will be required to construct the water main across the frontage of this site. Design and routing need to be coordinated with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 7. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees may also be assessed against this parcel to help reimburse the parties responsible for installing the water main to its current point. 8. Overland Road is designated as an entrance corridor to the City of Meridian. A minimum 35 -foot -wide landscape setback beyond required right-of-way needs to be provided. Landscaping plans will need to be coordinated with Nampa -Meridian Irrigation District. 9'. A Certificate of Zoning Compliance will be required prior to submitting applications for building permits. All new construction shall comply with the Americans with Disabilities Act. 10. A development agreement may be required as a condition of annexation. In lieu of a development agreement, detailed site plans could be reviewed by the Planning & Zoning Commission or City Council for approval, if desired. All City ordinances will have to be met. 1nterMtv%jmdH0sp.AZ L. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) OF ROBERT F. BEEDE, 800 W.. OVERLAND) RECOMMENDATION RD., FOR ANNEXATION AND ZONING,OF ) TO CITY COUNCIL 1.2 ACRES FOR INTERMOUNTAIN PET ) HOSPITAL, MERIDIAN, IDAHO ) 3 INTRODUCTION 1. The property is approximately 1.2 acres in size. The property is located at 800 W. Overland Road, ,Meridian, Idaho. 2. The Applicant 'is the record owner of the property and has filed . a written request for annexation and zoning. �3. The property is presently zoned by Ada County as Rural Transition (RT), and is currently being operated as Intermountain Pet Hospital, providing veterinary care and boarding facilities. 4. The Applicant requests the property be zoned (C -G), General Retail and Service Commercial 5. The Applicant has requested the annexation and zoning, and the application was not initiated at the request of the City of Meridian. 6. The proposed site of the subject property is adjacent to the north side of Overland Road. The property to the immediate west of the proposed site is zoned Light Industrial (I -Q. To the south is a dairy farm and a number of low cost rental homes. The property to the immediate east and north of the subject site is owned by Mountain View RECOMMENDATON TO CITY COUNCIL - Page 1 ANNEXATION AND ZONING — ROBERT F. BEEDE — INTERMOUNTAIN°PET HOSPITAL (1.2 ACRES) 0 M Farm Equipment. Further east is the Boondocks recreation center and a commercial development. 7. The city limits of the City of Meridian are adjacent and abut on the north side of the subject property.. 8. The property which is the subject 'of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: Remodel and expand services of the facility currently on the subject property. 11. The Applicant's requested zoning of the subject real property as General Retail and Service Commercial (C -G) is consistent with the commercial designation on the r Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed -Planned Use Development. 12. There are no major or scenic features of major importance that affect the consideration of this application. RECOMMENDATON TO CITY COUNCIL - Page 2' ANNEXATION AND ZONING — ROBERT F. BEEDE — INTERMOUNTAIN PET HOSPITAL (1.2 ACRES) RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Subject to approval of an appropriate waiver,.any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Kennedy Lateral runs across the southern boundary of the site. No variances have been requested for tiling of any ditches crossing this project. If the new tiling ordinance was in effect at this time, use.of the ditch as an amenity could be considered. 1.2 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. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Sanitary sewer service to the proposed site is not currently available by gravity flow. Septic service should continue until municipal services are available to the subject site. Septic system upgrade to be approved by the Central District Health Department. 1.4 Water service to the site will be via an extension of the existing main in Overland Road. Applicant will be required to construct the water main across the frontage of this site. Design and routing need to be coordinated with the Public Works Department. Applicant to provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. RECOMMENDATON TO CITY COUNCIL - Page 3 ANNEXATION AND ZONING — ROBERT F. BEEDE — INTERMOUNTAIN PET HOSPITAL (1.2 ACRES) 1.5" Assessment fees for`.water,'andtseweriservice.are' determined du'ring'the 11building plan'.r'eview ,p`rocess.r,Applicantcshall be`required to enter into an Assessment Agreement with the City of Meridian. In addition to these 1 assessments;;water and, sewer'.�`Late.Comers",fees may also`be, assessed against this, parcel to help reimburse the parties responsible for installing the water main to its current point. rpt 1.6 'A -Certificate of -Zoning Conipliance.'will. be',: required 'prior, to r'submitting applications, for building, permits. All new construction shall comply with the Americans with Disabilities Act. < k , 1.7 Overland Road is. designated as an entrance corridor to the,City'of Meridian. A minimum 35 -foot -wide landscape setback beyond required right-of-way € needs to be provided. Landscaping_plans'will. need to be -coordinated 'with Nampa& Meridia`n.lrrigation'District� �, ` a ; 1:8,,',_,A development agreement,may beyrequired-as-a conditibri of annexation. In lieu of a development agreement, detailed site plans could be reviewed by 17 the; Planning and Zoning Commission'or City Council for approval,. if desired: All City ordinances,will have to be met. 1.9.,E Provide that the easement on the:Kennedy Lateral is 55 Feet; 20 feet VW6 ,left -and .35 feet to the right facing downstream. If any encroachments occur they must be covered under a license agreement with the Nampa &-Meridian f" f 'Irrigation District. 4� t p I t _ "- r Adopt the ACHD's Recommendations as follows: 1.10 Dedicate 48 -feet of right-of-way from the centerline of Overland Road abutting. °',, the -parcel by means of recordation of a final subdivision plat or execution.of a, warranty deed prior. to issuance of,a building permit. (or other required permits), whichever occurs first. The owner,will be compensated for' all -right-, of -way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 1.11 Upon further development of this site the applicant will be required to construct a 24 to 3040ot wide driveway in alignment with Stoddard Street to the south located on the site's western property line. This driveway will require a box culvert to cross the Kenney Lateral that abuts the site. RECOMMENDATON TO CITY COUNCIL - Page 4 ANNEXATION AND ZONING — ROBERT F. BEEDE — INTERMOUNTAIN PET HOSPITAL (1.2 ACRES) 1.12 Construct a 5 -foot wide concrete sidewalk on Overland Road abutting the parcel located 2 -feet within the new right-of-way line. I 1.13 Close the unused driveway on Overland Road located on the site's eastern property line. 1.14 Provide a recorded cross access easement for the parcels to the west to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 1.15 As required by ACHD policy, restrictions on the width, number and locations of driveways; shall be placed on future development of this parcel. 1.16 Should provide other than the access point specifically approved, direct lot or parcel access to Overland Road is prohibited. Adopt the Central DistrictHealth Department's Recommendations as follows: 1.17 Applicant provide more data concerning soil conditions on this proposal before comment can be made. , 1.18 Applicant provide more data concerning the depth of the high seasonal ground water before comment can be made. 1.19 The existing septic system will have to be upgraded if connection to Meridian sewer is not possible. Adopt the Nampa & Meridian Irrigation District's Recommendations as follows: 1.20 The easement on the Kennedy Lateralis 55 feet; 20 feet to the left and`35 feet to the right facing downstream. If any encroachments occur they must be covered under a license agreement with the Nampa & Meridian Irrigation District. RECOMMENDATON TO CITY COUNCIL - Page 5 ANNEXATION AND ZONING — ROBERT F. BEEDE — INTERMOUNTAIN PET HOSPITAL (1.2 ACRES) .J