Meridian Vet Clinic AZ 05-066
PARTIES:
1.
2.
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 25
BOISE IDAHO 04/27/06 02:02 PM
~~~~~ÒE~~~~~~:~ OF 1111111111111111111111111111111111111
Meridian City 11361364912
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DEVELOPMENT AGREEMENT
City of Meridian
Scott Higer, Owner/Developer
THIS I?fVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this IJ'[-dayof 4-j)r~ I , 2006, by and between City of Meridian, a
municipal corporation of the State offdaho, hereafter called "CITY' , and Scott Higer, whose
address is 415 West Franklin Road, Meridian, Idaho 83642 hereinafter called
"OWNER/DEVELOPER".
1.
RECITALS:
1.1
WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
1.2
WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (C-G) General Service and Retail
Commercial, (Municipal Code of the City of Meridian); and
1.5
WHEREAS, "Owner/Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be made;
and
DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
PAGE 1 OF 10
1.6
1.7
1.8
1.9
1.10
WHEREAS, record of the proceedings for the requested annexation
- and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
WHEREAS, City Council, the ih day of March, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owner/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
"OWNERIDEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
WHEREAS, "City" requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan ofthe City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
PAGE 2 OF 10
3. DEFINITIONS: For all purposes ofthis Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue of
law of the State ofIdaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"OWNERIDEVELOPER": means and refers to Scott Higer, whose
address is 415 West Franklin Road, Meridian, ill 83642 the party
developing said "Property" and shall include any subsequent owners
and/or developer(s) ofthe "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned C-G (General Service and Retail Commercial) attached hereto
and by this reference incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (K) which are herein specified as follows:
Construction and development of a Certificate of Zoning
Compliance shall be submitted to the City of Meridian prior to a
future development in the C.G zone, and the pertinent provisions of
the City of Meridian Comprehensive Plan are applicable to this AZ
05-066 application.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" an application for conditional use permit site plan dated December 13,
2005, and shall be required to obtain the "City'" approval thereof, in accordance to the City's
DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
PAGE 3 OF 10
Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition
of, the commencement of construction of any buildings or improvements on the "Property"
that require a conditional use pennit. No new buildings are approved for construction under
this conceptual CUP IPD application. All future buildings shall require approval of a detailed
CUP prior to submittal of any Certificate of Zoning Compliance application and/or building
permit
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1.
"Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
1.
That all future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or
odors.
2.
That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of the development.
3.
That the applicant will be responsible for all costs associated with
sewer and water service extension.
4.
That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5- 7 -517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
5.
That prior to issuance of a Certificate of Zoning Ordinance for
construction of the new building, the applicant shall submit a
recorded cross access and parking easement between the two parcels.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns,
to comply with Section 6 entitled "Conditions Governing Development of Subject Property"
DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
PAGE 4 OF 10
of this agreement within two years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-
6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE~ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and ifthe "Owner/Developer"
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "Owner/Developer" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1
10.2
In the event "Owner/Developer", "Owner/Developer's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
A waiver by "City" of any default by "Owner/Developer" of anyone
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
PAGE 5 OF 10
"Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior
to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
"Property" by the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of the "Property"
contemplated hereby, the "City" shall execute and record an appropriate instrument of release
of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1
13.2
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing ofthe same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount oftime of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements,
which the "Owner/Developer" agrees to provide, if required by the "City".
DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
PAGE 6 OF 10
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees
to abide by all ordinances ofthe City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
0 WNERJDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Scott Higer
415 West Franklin Road
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
PAGE 7 OF 10
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent
owner and any other person acquiring an interest in the "Property". Nothing herein shall in
any way prevent sale or alienation of the "Property", or portions thereof, except that any sale
or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "OwnerlDeveloper", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner/Developer" has fully performed its obligations under this
Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/Developer" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
22.1
PAGE 8 OF 10
hearing( s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPER:
CITY OF MERIDIAN
BY~~cf
MA YOR T Y de WEERD
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DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
PAGE 9 OF 10
STATE OF IDAHO, )
: ss:
County of Ada,
)
On this \ d.-. day of l-\ ~.-'. \ , 2006, before me, the undersigned, a
Notary Public in and for said State, perso ally appeared Scott Higer, known or Identified to
me to be the person who signed the instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
-
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(SEAL~
'ŒRESA D. LAUGHRIDGE
Notary Plib;¡c
State of Idaho
STATE OF IDAHO)
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County of Ada )
Onthis~dayof AD;' \ ,2006, before me, a Notary
Public, personally appeared Tammy de W~erg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official sea~.t~~.1r~~~ year in this certifica~e first above written
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DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
PAGE 10 OF 10
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Legal Description
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
In the Matter of a request for Annexation and Zoning of .50 acres from R-12 to C-G
(General Service and Retail Commercial) at 415 West Franklin Road, by Meridian
Veterinary Clinic.
Case No(s). AZ-O5-066
For the City Council Bearing Date of: March 7, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 7, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 7, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March
7, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 7,2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title II Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the hnpact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-O66 - PAGE 1 of3
~
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and the Conditions of Approval
all in the attached Staff Report for the hearing date of March 7, 2006 incorporated by
reference. The conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 1I-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of March 7, 2006 incorporated by reference.
D. Notice afFinal Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use pennit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the [mal decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
E.
Attached: Staff Report for the hearing date of March 7,2006
By action of the City Council at its regular meeting held on the
~ u;fi..,,;' 2006.
7-17...
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-O66 - PAGE 2 ot"3
"
COUNCIL MEMBER SHAUN WARDLE
VOTED
~
COUNCIL MEMBER JOE BORTON
VOTED~
VOTED~
VOTED--*
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TΠBREAKER
MAYORTAMMYdeWEERD
~
VOTED
--r-~4 ~-)
MAYOR MY e ERD
ATTEST:
~:6-~
LIAM G. BERG, JR., C C RK
Copy served upon:
/ Applicant
v""'" Planning Department
v"""" Public Works Department
v City Attorney
By:
City Clerk's Office
Dated: 3-8;"ûU
CTIY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.OS-O66. PAGE 3 of3
.,t
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
STAFF REPORT
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TO:
FROM:
SUBJECT:
City Council Hearing
Hearing Date: 3/7/2006
Mayor and City Council
Josh Wilson, Associate City Planner
Meridian Veterinary Clinic
. AZ.05-066
Annexation and Zoning of 50 acres from R12 (Ada County) to C-G zone
1. SUMMARY DESCRIPTION OF APPUCANT'S REQUEST
The applicant, Joe Thompson of Architecture Northwest, has applied for Annexation and Zoning (AZ) of
.50 acres from R12 (Ada County) to C-G (General Retail and Service Commercial) for the construction of
a new building at an existing veterinary clinic. The site is located on the south side of Franklin Road, west
ofN. Meridian Road. The site is culTently vacant and a veterinary clinic exists on the property which is
adjacent.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on February 2, 2006. At the public hearing they moved to recommend approvaL
8. Summary ofPubUc Hearing:
i. In favor: Joe Thompson
ii. In opposition: None.
iii. Commenting: Larry Rackham
iv. Staff presenting application:
v. Other staff commenting on application:
b. Key Issues of Discussion by Commission:
i. Alternative Compliance for required landscaping along the west property line and
the desire to see landscaping along Franklin Road.
c. Key Commission Changes to StatTRecommendation:
i. None.
d. Outstanding Issue(s) for City Council:
j. None.
3. PROPOSED MOTIONS
Approve
I move to approve File Number AZ-OS-066 as presented in the staff report for the hearing date of
March 7, 2006, with the following modifications to the conditions of approval: (add any proposed
modifications).
Deny
I move to deny File Number AZ-OS-066 as presented in the staff report for the hearing date of
March 7, 2006, for the following reasons: (you must state specific reasons for denial).
Continue
I move to continue the public hearing for File Number AZ.O5-066 to (date certain).
4. APPLICATION AND PROPERTY FACTS
Meridian Veterinary Clinic AZ-O5-066
PAGE 1
,~
"
CIlY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
a. Site Address/Location:
South side of Franklin Road, west ofN. Meridian Road! 415 W. Franklin Road
NE ~, NE !4, Section 13, T3N Rl W
b. Owners:
Scott Higer
415 W. Franklin Road
Meridian, Idaho 83642
c. Applicant:
Joe Thompson, Architecture Northwest
224 16th Avenue S.
Nampa, Idaho 83651
d. Representative: Joe Thompson
e. Present Zoning: R12 (Ada County)
f. Present Comprehensive Plan Designation: Commercial
g. Applicant's Justification Statement (ITom application materials): "We feel that developing the
property as commercial would be a better fit with the surrounding land uses. Conceptually, our client is
proposing to use the parcel to expand his Veterinary facilities to meet our increased customer demand.
The proposed 7,200 sq. ft. facility would be located on the south end of the subject parcel."
S. PROCESS FACTS
a. The subject application will in fact constitute a annexation as detennined by City Ordinance.
By reason of the provisions ofUDC 11.5B-3, a public hearing is required before the Planning
and Zoning CoIllUÙssion and City Council on this matter.
b. Newspaper notifications published on: January 16 and 30,2006
c. Radius notices mailed to properties within 300 feet on: January 6, 2005
d. Applicant posted notice on site by: January 24, 2006
6. LAND USE
a. Existing Land Use(s): Vacant with existing veterinary clinic on adjacent parcel which fronts
on Franklin Road
b. Description of Character of Surrounding Area: The area along this portion of Franklin Road is
developed as mostly cormnercial, with some industrial and residential uses to the west of the
site.
c. Adjacent Land Use and Zoning
1. North: Louisiana Pacific manufacturing plant, zoned C-G and I-L.
2. East Existing residence and vacant land, zoned C-G.
3. South: Existing office building in Troutner Business Park, zoned C-G.
4. West: Existing office building in Troutner Business Park, zoned C-G.
d. History of Previous Actions: None.
Meridian Veterinary Clinic AZ-OS-O66
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CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7,2006
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
In W. Franklin Road
In W. Franklin Road
Issues or concerns: None.
2. Vegetation: None.
3. Flood plain: NA
4. Canals/Ditcbes hrigation: No major facilities.
5. Hazards: None.
6. Proposed Zoning: C-G
7. Size of Property: .50 acres
h. Proposed and Required Non-Residential Setbacks: per the L-O zone
C-G Standard
0 feet
Front
Side 0 feet
Rear 0 feet
Max. Building Height 65 feet
Min. Lot Size None
Min. Street Frontage None
1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the site will be fTom an existing curb cut on Franklin Road.
7. COMMENTS MEETING
On January 13, 2006 Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as 'Commercial'. In
Chapter vn of the Comprehensive Plan, 'Commercial' areas are anticipated to provide a full range of
commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and
office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff
fmds that the requested C-G zoning generally conforms to this stated purpose and intent of the
commercial designation within the Comprehensive Plan.
Staff fmds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan
to be applicable to this application {staff analysis is in italics below policy}:
.
"Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III,
Objective D, Action item 5)
Meridian Vetcrinary Clinic AZ-OS-O66
PAGE 3
CITY OF MERIDIAN PLANNING DEPARlMENT STAfF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
The applicant is not specifically proposing to install any landscaping with the subject annexation
application. The applicant will be required to submit a development application prior to constructing
any use on the site. When the future development application(s) are processed by the City, the
applicant will be required to construct landscaping which complies with the Unified Development
Code.
.
"Permit new. . .commercial development omy where urban services can be reasonably provided at
the time offrnal approval and development is contiguous to the City." (Chapter IV, Goal I, Objective
A, Action item 6)
The subject site can be serviced by the City 0.( Meridian's sanitary sewer and water systems.
.
"Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VIT,
Goal) , Objective B)
The proposed use does contribute to the variety of commercial uses in this area, as envisioned with
the Comprehensive Plan.
Stafffinds that a C~G zone is harmonious with and in accordance with the Comprehensive Plan.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2B~2 lists animal care facilities as a Permitted. use
in the C-G zone.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the
retail and service needs of the commuruty in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed conunercial uses, and the location
of the district in proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive
Plan and the general compliance of the proposed development with the Zoning Ordinance, staff
believes that this is a good location for the proposed annexation and veterinary clinic. Please see
Exhibit D for detailed analysis of facts and findings.
The annexation legal description submitted with the application (prepared on December 13, 2005
by DatTen Leavitt, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
TI1at the applicant will be responsible for all costs associated with the sewer and water service
extension. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available nom the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
That all future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development. All future uses shall not involve
uses, activities, processes, materials, equipment and conditions of operation that will be
Meridian Veterinary Clinic AZ-O5-066
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7,2006
detrimental to any persons, property or the general welfare by reason of excessive production
of traffic, noise, smoke, fumes, glare or odors.
Special Considerations: Staff is generally supportive of the proposed site design as presented in
the conceptual site plan labeled as Sheet A-1.0, dated August 12, 2005, with the following
comments:
Perimeter Landscaoe Strip: UDC 11-3B-Cl requires a five-foot minimum perimeter
landscape buffer along all interior lot lines adjacent to parking, loading, or other paved
vehicular use areas. This landscape buffer shall be planted with one tree per thirty-five lineal
feet and shrubs, lawn, or other vegetative groundcover. The submitted site plan does not
depict the required landscape strip along the western property line. It appears that due to the
location of the existing building, there is insufficient space to provide the required five-foot
strip and Alternative Compliance may be appropriate. The applicant should be aware that
they will be required to submit an Alternative Compliance application with the application for
Certificate of Zoning Compliance and the Planning Director will make the determination
whether the proposal meets the requirements of UDC 11-5B.5.
Fire Department and SSC Access: The Meridian Fire Depanment and Sanitary Services
Company (SSe) have commented that the drive aisle on the west side of the proposed
building must be twenty feet in width and marked as "No Parking".
ParkiI13 Adjacent to New Buildin2: The submitted conceptual site plan shows ten parking
spaces adjacent to the proposed building, including one handicap accessible space. The
Meridian Fire Department and SSC have commented that the turning radius at the corner of
the parking spaces and the drive aisle on the west side of the building is insufficient. The
applicant should eliminate the western-most space aJong the proposed building to address this
concern. The Unified Development Code also requires that a landscape planter be placed at
the end of the row of parking, which contains vegetative groundcover and at least one tree.
With the elimination of the one parking space and the placement of a planter at the end of the
row of parking, the turning radius will be sufficient for the Fire Department and SSC.
The applicant shall submit plans for the required Certificate of Zoning Compliance which
address and remedy these concerns, and comply with the Unified Development Code.
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of annexation ordinance adoption), and
the developer. The aoolicant shall contact the City Attornev. Bill Nary. at 888-4433 to initiate this
urocess within 18 months of Citv Council aooroval of the annexation request. The DA shall
incOIporate the following:
. That all future uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
. That all future development of the subject property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development.
. That the applicant will be responsible for all costs associated with the sewer and water service
extension.
. That any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5 -7 -517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
Meridian Veterinary Clinic AZ-OS-O66
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7. 2006
. That prior to issuance of a Certificate of Zoning Compliance for construction of the new
building, the applicant shall submit a recorded cross access and parking easement between the
two parcels.
b. Staff Recommendation: Staff recommends approval of AZ-O5-066 for Meridian Veterinary
Clinic as presented in the staff report for the hearing date of March 7, 2006 based on the Findings
of Fact as listed in Exhibit D and subject to the approval comments as listed in Exhibit B as
attached. to this report. Staff has prepared fmdings consistent with this recommendation.
11. EXHIBITS
A. Drawings
1. Conceptual Site Plan
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
Meridian Veterinary Clinic AZ-OS.O66
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF MARCH 7, 2006
A. Drawings
1. Conceptual Site Plan
Exhibit A
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CITY OF MERIDIAN PLANNING DEP AR1MENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXATION COMMENTS
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of annexation ordinance adoption), and
the developer. The aoolicant shall contact the City Attornev. Bill Narv. at 888-4433 to initiate this
orocess within 18 months of City Council aooroval of the annexation recuest. The D A shall
incorporate the following:
. That all future uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
. That all future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development.
. That the applicant will be responsible for all costs associated with the sewer and water service
extension.
. That any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
. That prior to issuance of a Certificate of Zoning Compliance for construction of the new building,
the applicant shall submit a recorded cross access and parking easement between the two parcels.
2. PUBUCWORKSDEPARTMENT
1. The proposed project has no Public Works concerns.
3. FIRE DEPARTMENT
1. The proposed project has no Fire Department concerns.
4. POLICE DEPARTMENT
1. The Police Department has no concerns related to the application.
5. PARKS DEPARTMENT
1. The Parks Department has no concerns related to the application.
6. SANITARY SEkVICES COMPANY
1. SSC has no concerns related to the application.
7. ADA COUNTY HIGHWAV DISTRICT
1. Approved with no conditions.
Exhibit B
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
D. Required Findings from Zoning Ordinance
1. Annexation Findings:
Upon recommendation from the Commission, the Council shaD make a full investigation
and shaD, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to C-G. City Council finds
that the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
City Council fmds that animal care facilities are allowed within the requested zoning
district of C-G as a Principally Pennitted Use. The applicant will be requíred to submit
for approval of a Certificate of Zoning Compliance prior to commencement of any
construction on the property, to ensure compliance with City Code.
The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
City Council frods that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
City Council frods that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
fuhîbit D
2.
3.
4.
5.
The annexation is in the best of interest or the City ((]DC 1l-SB-3.E).
City CoWlcil frods that all essential services are available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of public
funds. The applicant is proposing to develop the land in general compliance with the
City's Comprehensive Plan. This is a logical expan.sion of the City limits. In accordance
with the frodings listed above. staff finds that Annexation and Zonimr of this 'Dro'Dertv to
CoG would be in the best interest of the City.
,-