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BW, Inc. & Stollfus RZ (aka Danbury) ~ _ HUB OF TREASURE VALLEY. OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk n S I CITY OF MERIDIAN oBERT D!CORR E ear Y D. SM TH P.E. City Eng GAR WALT W. MORROW BRUCE D. STUART, Water Works Supt. t T W S 33 EAST IDAHO SHARI STILES . , Waste ater up JOHN T. SHAWCROF Planner s Zoning Administrator KENNY W. BOWERS, Flre Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 ~ FAX (208) 887813 Chairman ~ Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor 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 8~ Zoning Commission, may we have your answer by: Mav 3. 1994 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5/10/94 REQUEST: Rezone Request: LO to C-G and R-8 BY: BW. Inc and Wavne Stolfus LOCATION OF PROPERTY OR PROJECT: 1225 E. Fairview JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C , WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ 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 PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: lI?l~!"`I~i~E~ APR 1 9 199~r GITY ~F MFR~~~A~ ~...~. ~ • APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE ~~(`~$~~~ MERIDIAN PLANNING AND ZONING COMMISS 0 APR ~ 5 1994 FILING INFORMATION I. GENERAL INFORMATION _ N/A (PROPOSED NAME OF SUBDIVISION) , 1225 E. Fairview P,venue (GENERAL LOCATION) Attached (LEGAL DESCRIPTION - ATTACH IF LENGTHY) ~ Lnn _ _(208) 375-6666 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) 250 S. Beechv~~od Avenue. Suite 120, Rn;GP, m &37OQ (ADDRESS) Owner {APPLICANT) (NAME ) (TELEPHONE N0.) Same as above (ADDRESS) (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) (ADDRESS) City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) .+50 ACRES OF LAND IN CONTIGUOUS OWNERSHIP . $414.19 (ACCEPTED BY:) (FEE) ~s~ APPLICATION FOR ZONE CHANGE -CITY OF MERIDIAN APR j ~ 1~9~ ~i~~ e~~ ~~~~~st~~d The following items correspond to the list of items requested by the City for zoning requests: 1. Applicant: BW, Inc. 250 S. Beechwood Ave., Suite 120 Boise, ID 83709-0944 375-6666 Agent: Wayne G. Stollfus W.G. Stollfus Company 250 S. Beechwood Ave., Suite 220 375-2600 2 . Owner: Same as applicant Proof of ownership attached 3. N/A: Application submitted by titled owner 4. Legal description attached 5. N/A: See legal description 6. Present land use: Vacant 7. Proposed land use: Veterinary clinic 8. Present district: LO (Limited Office District). 9. Proposed district: Northerly 135' south of Fairview right of way C-G (General Retail and Service Commercial.) Balance of existing LO property R-8 (Medium Density Residential District). 10 . The subject property is part of a larger property being subdivided and developed as Danbury Fair Subdivision. The frontage on Fairview is obviously not suitable for residential use because of traffic and other commercial uses in the area. The LO zone is too narrowly defined to accommodate a veterinary clinic without a conditional use. The established pattern of development on Fairview and probable future uses for a building on the property make CG much more appropriate than the existing LO zone. The shape of the property with its limited amount of frontage (Approx. 80 ft.) does not make it practical for large scale retail. Therefore, we are requesting commercial zoning on a parcel only large enough to accommodate the veterinary clinic building and some expansion. The balance of the property will be zoned R-8 and will be utilized by amending the preliminary plat for that portion of Danbury Fair Subdivision. APR 15 '94 9:37 • PAGE.~D1 '~ ~ HUB~L~ ~N~IN~~~RIN~, INC. `~_ h 9550 Bethel Court • Boise, Idaho $3709 20$1322$992 • Fax 2081378-0329 4/13194 DANBUR'Y -LIMITED flF1=ICE TO COMMEi~CIAL BONE A parcel of Land lying in the NW1/4 of the NEi/4 of the NE1/4 of Section 7, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 5, 6, 7 and 8 of T.3N., R.1 E., B.M.; thence North 89°54'45" West along the section line common tv said Sections 6 and 7 for a distance Of 1320.48 feet to the East 1/16th. corner common to said Sections 6 and 7 being marked by an aluminum cap monument, said point also being the REAL POINT OF ~3EGfNNING; Thence South 0°04'01" West (formerly described as South) along the Westerly boundary of the NE1/4 of the NEt/4 of said Section 7, for a distance of 165.36 feet; thence South $9°55'59" East for a distance of 166.68 feet; thence North 35°11'00" West for a distance of 123.89 feet; thence North i 1°20'53" West for a distance of 34.71 feet to a point on a curve of the Southerly 50 foot right-of-way line of Irairview Ave.; thence 17.16 feet along the arc of said curve to the left, said curve having a radios of 57,245.80 feet, a central angle of 0°01'02" and a chord distance of 17.16 feet which bears South 89°58'50" West to a point on a curve; thence leaving said right-of-way tine North 50°22'45" Wesi for a distance of 8.14 feet; thence North 0°58'15" East for a distance of 25.00 feet to a point on the section line common to said Sections 6 and 7; thence North $9°54'45" West along said section line for a distance of 65.28 feet to the real point of beginning, containing 18,345 square feet more or less. NUBBLE ENGINEERING, 1NC. JRW/TRWJmf/48$.des Project No. 94005 03 ~, , r S. ;i I r'1: 4 ' h•.:: r ~~ •" ~ ACKN4WLEXJ-GNlEN - A~rnc in Fact ~ . ~4• •, IA4H0 County of .Ada , se. .:~ . ~ 5Tt#'I 1J Ole ~ _ •~ '~ ~' T, '• ,_,._ , in the year of __~22.._._ , before me :;~ Qn.th~e ~' ''. ~,. ~~ ay cf.. Feb u.~~. :~~.. -_-_, , A notary public. ~p~reonall~' AppL~sre '; '~~ °- ';: ; ;.~' "l~tiowti or i~~7t3fied tb;netio b.C the per on whose na~e is subroiibed tv the within^ instrurncnt as the ntturncy in ~.,.~ . ~ ~~ ~~~~ ~` ""' d ,m~ that .mac s bsci'ibed the name_.:_ of ~~-an~,•-~uker..~...---..- :,; - ~' tlir3rrtb't1A pt111cip; and .~;_ow name rls ~+ rney•ln.f~c , ,,,, , ~`. My <:nmm~lsslon~.expirce; 3/I7/93 j i ".4. ~~: ., } ~. _,. ~>~ ~ , ~ - ,. ,• ©4i14i54 r+3: 11 ~ PIO~~ TITLE k+4 y~~ ~ ~~. u. J' THAT PO T~l7N'i'OF`.:: THE QUARTER~OF '8~C'1'~QN` MERIDI , `AD7~ GOUN~ BEGINNI G• AT.,.A .'~OIr O F 12 ~ 5.2 FEET, F'RO.P 6 , ? AN 8 ,. TOWN 5H ] THE RE , pOSNT 0~ .i 50UTH 0'~3 A' WEST .:2 T ENCE:ALONG:' C LATER LINE ,~'~ p~D D7 STANCES SOUTH 0.47' EAST.' SOUTH a5'S2' EAST SOUTH 9'05' EASE' 2 SOUTH ~1' 52' EA5'?' 1~ORTH a~3'24' EAST NORTH 4'00' EAST. 0 -THE NQRT}i£ THENCE SOUTH QQ'O1' wE$T a CQFtNE12 OF THA R~CORDED MAY A A COtJNTY , I SOUT}i ~i4 ' 57' WEST' SOUTH 8'42'.EAST SOUTH ~0'43'~£AST ;OUTH.al'54' FAST 50UTH ~8' 4 3 ' ,EAST. E .TS'rING FEZ SOUTH ID' O1' WEST? MbR'E oR LESS NjORT}iEAST QUJ ~h•NSHIF 3 ; N~ SOUTH ~89~'45'' 1iF«ST I!S 150 FEET ORTHEAST QU: ~ZORTi £ST~T+Y TO DARTER OF T ORTH OF THE ~'. THE 'NORTH !lUR~ H ; 0' 34' EAST ' ~ENTE.R Ox T}i ;'.:~R'I'H 189' 41.' EAST PRINT OF 9~G ,.: ~ nNT, t~l?Ep~ EJOi1aYT 11~+~ ,~ ~ , ,~a . 3 ~,. '' .,' ~ '.~~ ~1~RTER ~ 0~': NORTHEAST.... NORTHEAS~':'Q, ~":EAST, '';$OZ~SE., T.. WHIpCFi:'CIS....,SL1U'~H,;~,9'.~4:~~!,:~ EST A DISTANCE xNE'~SEC'rZOt~~.kObRN°~:,C~~ION TO , SECTI,bNS' 5, p ~'~ TOR'~;..R~N~E.;~.l'EPi~T;;.:EOISE MERIAIAN,', EGIN]~~N ;;` •,THENCE ;+y,.' ~: ._ 0 ;FE,ESI`:~ b ~$ "CENTER ~OF 'X!HE DRAIN DZTC~.;; ~IiE' cEN.T ~'. LT~E::~bE'~'SAID~A oLLOwzNCHCOURSES iLLOWS,; AI~~'ROXIMATELY' T y ' , .. ~~ .61.10 I'~ET:. THENCE s3 . o 'FEET; T~iENCE i 3.0 FEES';; THENCE ` ~].0 FEETf THENCE 153:0 FE£T% T}iENCE ;6 FEET,;MORE OR-LESS TOTINGTFENCEELYNEN ZLY EXTENSION ' OF' AN EXIS ~ FEET, MORE..OR LESS TO .THE NORTHEASTF.~LY r ~PROPER:"Y DESCRxBED ~ IN WARRANTY DEED 9, 195Ef UNDER FEE NO. 429095, RECORDS OF nAHO r .THENCE. ;~'7f.. 3 FEE"'' TO A pOI?tT;...T~iENC£ 150.0 FF,ET Tp~,A':.POxNTt ,THENCE 11.a . 7 FEET Tt~"; A?;:PO~NT.; THENCE 7 ~ : 7. FEET,. TO ~=.POINT; THENCE ] 3I, 0 FEF~'I`..'Z;O~~ ~A':~TNT; WHICH. YS ON ATi CE LINE ;;., C'E,' ~;,:', .° .. Z,INE ~ 0 3 FEET TANG SAID £X "'T . ~; FENCE t TO A POINT•.Ot~r, SOUTEi LIME OFSECTTO 7. ,RTER OF '!:'HE,i:NO ~ T R~yARTEk, ~~, BOISE..I'[ERIDIA:~, 7' CE ~RTii, RANGE~;.,,/': 4 06.65 ~'EET:.~~.Md...~OR LESS q'UOA FAIp ~I~iICH ~- c :AST OF. T}~E SQ~]~'t~WEST CORNER ~RTEs~ OF THE ;.NORTHEAST QUARTER: "F"H£NCE~? POIN•Y'~ pN WEST LY1tE OF SAID NORTHEAST ~E. Nc?RTNF.J~ST' QUAF''l.'ER, WHICH ~5 ~c FEET •g~1.IT!t~lES~: CORNTaR OF SAID NOI~TIKEAST QUARTER r.A&T 4UAR':;:~T?IENCE ~ 2~ 8.7 FEET ,~ THE SEC7"ION l.INr AT THE ~ STATE HX.GIfi~I-Y: ,ONCE ALONG THE ~S~iON LI D3E 5~ . x FEI'7' ~ THE i Jv+ly I NG . ~~ . r ~ ~~i w~~ s ~ /~i/••w.a ~ ar ~ f ~ 1 1 //)/ M w~.wr~ r ~ /J ~,. u u 1uu~ ^~ II w '""~ o '"~ o~ ~ ~ :'~ b ~ ~ i w ~ •'y ~ ~~ .. P Q ,Z Z ~ ~ 1 i ~/ ~~ pI~p TITLE D'1 _ ,~ 04i14~94 ~33~13~ _ . ~: .. ;. .. , '~. 'I'1P1 h lUGOh.b A'L 110693 ` ~• UARTER OF..THE A1rSQ A' '1'FtACT ~ OF t~0 'LYING .xN mHTO NSHIRA3TNORTH ~ g,ANGE 1 .. , NOR'THE ST QUA'R,,'~ER ()F' gEC'rION '7;i EAST, ~4ISE'~Mk?~tzD F„~,; ADA COUNTYY,. xDAHO. DESCRIEEI~ AS FULLOw~':: ~. ~" gRN~R COMMON •'I'.0 SECTIONS .~: AND .d,r ADA.. DEG.INN ~NO, A Ttt>r, ~. ,: trCT~ON .C BOISE MERZDIAt tr+bRTH: RAt~~E.~'7.;': I':AS`i``i .' . . 7: AND COUNTY .i .: TOy1N$Hlp~.; ~..ZDAHO; .I`H 3 NGE . 5.0: FEET` TO A. POINT IN .THE 2 1'3 OF ' ' •..39 ~ .~ W£Sx'. SOUTH ; a! COUNTY ROADy ' . . , ANCE T ';;.DIS THE .,~ ,Y,HENCE : 6 FEET TO A pOI,NT: ' NORTH $9'.39'. wE5~~ ~q POINT . P, oI5N~ NG,OTHENCE ~SEGX. A pOINTt THENCE TO :. R$AL. ° 3 4 ' 'WEST NORTH b ' , ; ~. DIS~'ANCE .OE 1~5'. 0 FEET 4.0 FEET; THENCE L`X5TANCE OF 9 OINT Ot? Ahl) " ' WEST ~ NORTH ~9:` 29 '~2' 39' WEST A . 0 FEET Tb A' OZSrANCE Op ~~66. , . , A . g NORTH EgCISTXNG B'EN' E irxNE; ;THENCE-. ... NE 30'3 . FEET FENCE - . S~I'ZNG EX T SOUTIi b ° 0 ]. ' WS:;ST.. OR LESS MbRE . ,q ' LOtJG SAID: TO A POINT V,N,•~HE SOUTH ' Lx T~RQOFTSEC'rION THEAST' aU NO E' ~' NpRTHEAST QtJ ~ ,~ H ~~,NCE RTER OF> ~NQRTtj OYr R}-NG~ 1 .EAST.; H 5 7', TOWNgNIF NpRTi•i ~.9' 39' EAST T:EET ~90 'ALONG S"AST~OUARTE:iN~ DYSTANCE OF HE Q QUARTER OF ']' REAL . E N'~RT ~IN'!' OP BEGINNING , T(7. THE t `': `. i 1' ' ,q~ ~.. 04i14i54 63:_ ~dEER TITLE 02 ~1ON•L'ER T17LE•~'Q '• '~- ~ OF AqA GOUNTY i,. r ~' y'~ ~ ',~?821' Wcxt Stoic 51r}cl + 13gi~e, Iduha R; • 1cSR North Cule Rdad Boi~c. Idaho R - (20~) 377-Z7C-U.. . ;•;:~.. PAN1' (1: . ,'f~itrf8' {~~~+,p-a+l';°~tRC+:. ,-.,.;,.i7...:••-..rvv- o•w~.~!-r!i, ~!~'~~r:.°-~~' r`F''~' ~,,h,rtirx~r1Ca•,?•:•;•.. Yt111rC0,: .. ~,~> '92'FE8 5 .,~:. J:~r'1. APB i 5 19~!~ ;~~~~'~~, C1~~..~~ °-~taitss~il+~ '? • •_ •sr~EA»ovr:•s'nR1CFCDkt~llvcDAtn . . W1 RS~~1.N'TY D~EUe~ ~: - i!. , ^~.•;'.. OR VAI.I.JI'sR1:CLIVC.;D' UENNIS• M. BA ER and. JEAN :S. BA1(>;Rr''hvgband and wifu,~ s~~' . ~'~ `~~RAN't'OR(4), docxtdu) h¢rch . C;RAv'f, f{AR(.i I~, SELL and CONvE'sY unto ,`~ , Y fir., . ,;; ~ .. B. W. ,' 1NC;,, an Idaho core ration, - ~~!~;• J523 F.. Noise Avenue, Boieei );daho 83746 '.`•~JtAN'I•lif:(5), whose cu~rcnt aAdrecs'is; ('panty, tit8tc ~,(1da1f0, Ada ' ,r;itic following described real property in '.inr,rc particularly desc~ihcd ss follow, to wil: r:, . .hi;; $ee the.Acrtached Exhibit ' A" for 1ega1 description:, which by ~.'.,. this ref•en;encc 15. inrnrpPleCsd herein. _ rr ' j ,~ , . F~!... NI)'fq Ilr-'il.b the said promi.cs,'u ith Ihcir appprtenancca unto the sold Cyatiihr; G Alor{S) lvatY•`Ih~`nwrt+;r(s) InYec; •; •TU rrAVr. n ' +m~'i~cxpresslyntdd~.< r'fur'c~cr, Arxf tnc soil Grt+ntC~rts) docx(dnl bcrcry cn~•cn:+m to and with the Raid.G'rantec ~~ 5iiiiplc pf tiuiQ prcmiscx: `hatcre i~icdonc by hI c G anier(er and subjcceto roXcrvi+tionc~ Cslorictions;!dcdi ptiu r,. cgxcrncnts, rlghrn; of '. cub~C<t and thocr, nuldc, .t !r '~+: way and AF;rcemcntti, lif hnyl i~f record, and gene a1 IaxCF and aRaCSSnICntN, fine vdent andadef~ri ahersnmesf «mt,+tl lawful claimos~, .. ~'lhis CurrCRl yppr, which ;jrc not ycl due and pay: blc, :old Ihm Grantor(s) ~{~~` . ~;[)nted: Januat'y.: ~,f 1992 ~ ~- ~~~?rz~~--^ ^^ ,~ <~ ~ /~ ....._ ._..- _ '2 0~` Sly .tD ,.. a....^_.. ~'- . .. -~~.~ Jan S.ti Bakex.byr '. -s M. $;tker, Aennlis M. B.'-keY ei' ACtotney..ir-f,F GC ~~ 's. ~;'STAT.Fr~').4.:.e':ha hk+~~~,. ,.;;.;;. Cn nlyof---•--'- ^- .. ~~, .,~r,•---•.•. •r.. ?•" •j,~~ ' :~(S'i'_'1~ ~ 1942 _,,,., before r+ie'. psi;. •`; . ;.'• •,: ~,, ti ~,'=. ..day.o.('_ I7obrut~T~, ~ in thc,.4enr~f - •- tt~' b1i~~ f h' g~ Detmis .M'~ Ba r..r cub c tlhctl to the w r rn lftot~{i:itttiir~~r ,~~•S t .ni+e ,¢ hc,;tNc~pisrhon ~1 wltexccutcci.tltt same,~~ :.V irrr,rrurkcnf'_uriff•.ac~nt4 'Rd~Rd t~:~qc ltlt °! C _.- ~~" /Y ~~/n.rT/~' APR 1 4 ' 94 15:36 ~ . PAGE . ~~72 wUBB~L~ ENG.l~N~ER~~l~, lN~. ~ 9550 Bethel Court ^ Bvise, Idaho 83709 2081322$992 ^ Fax 2178/378-0329 q ~ 4' ~~ suRV~~p 4/14/94 DANBURY -LIMITED OFFICE T4 R-8 ZQNE A parse{ of land lying ire the NW1/4 of the NE1/4 of the NE1/4 of Section 7, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Corrrm~encing at the Section corner common to Sections 5, 6, 7 and 8 of T.3N., R.1 E., B.M.; thence North 89°54'45" West t I the East 1116th IcorneQCOmmon to said Sections and 7 for a distance of 1320.48 feet o 6 and 7, being. marked by an aluminum cap monument; thence South 0°04'01" West (formerly described as South} along the Westerly boundary of the NE1 /4 of the NE1/4 of said Section ?, for a distance of 165.36 feet to the REAL PQ1NT OF BEGII~}NfNG; thence corrtinuing South 0°04'01" West along said Westerly boundary for a distance of 84.:64 feet; thence South 90°00'00" East for a distance of 226.31 feet; thence North 35°1 t'00" West for a distance of 103.32 feet; thence North $9°55'59" West for a distance of 166.68 fleet to the real point of beginning,. cgntaining 16,609. square feet more or lest. NUBBLE ENGINEERING, INC. _~~ .~~~~ • ~-~ r ~AO~'~i~ JRW/TRW/CPS/.mf/489.des Pro}ect No..94005 \J ~J 11. Since the commercial property and residential property are being developed under the same ownership, we will see that the design and site plans are compatible. The commercial (veterinary clinic) will be a buffer, separating the residential fmm the Fairview traffic. 12 . Map of the property attached (1 in. = 100 ft.). 13. Thirty copies of a vicinity map attached (1 in. = 300 ft.). 1'4. Mailing list of property owners within 300 ft. attached (14 parcels, 11 owners). 15 . This small commercial rezone is compatible with the established commercial andretail area noted on page 21. Approval of the rezone allows the property to be utilized by a business that will definitely fill a market need. Dr. Petersen, the veterinarian that will be utilizing the property, has carefully researched the market and finds that this site meets his needs. He will be providing a community service in a setting compatible with both the surrounding commercial and our adjoining subdivision to the south. We believe that both zones will be in compliance with the comprehensive plan, specifically, General Policy 1.44, 1.54, 1.84, 1.104, and Residential Policy 2.34. 16. Rezone fee (check attached). Base fee for under 1 acre $400.00 Mailings 11 @ 1.29 4 1 Total $414.19 17 . The undersigned owner hereby requests the rezone described above and agrees to post the property, as required, 1 week before hearing stating that a rezone has been applied for. ~°a EXCE~I~ 2 Z~ ~~~~y%~~ Q ~~ • • SUPERINTENDENT OF SCHOOLS ``~,~~ _ F' Bob L Haley uy~~.~~ ~l' ~y % DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration J ~ ~~ - 2 ~JJ~ DIRECTORS Sheryl Belknap, Elementary C~.~I.Y ~~ ~~~I~IA~ Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN, IDAHO 83642 PHONE (208) 888-6701 May 23, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Danbury Fair No. 4 Subdivision Dear Councilmen: I have reviewed the application for Danbury Fair Subdivision No. 4 and find that it includes approximately 66 homes at the median value of $100,000. We also find that. this subdivision is located in census tract 103.12 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Meridian High School. The evelo ment trtot Lake tHazelor Elementary Y due en~so from this d p overcrowding at Chief Joseph Elementary. Using the above information we can predict that these h35 smiddle completed, will house 38 elementary aged children, school aged children, and 26 senior high aged students. At the present time Chief Joseph Elementary is at 117 of capacity, Meridian Middle School is at 130 of capacity and Meridian High School is at 116 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding scho~t s this also well over capacity. Before we could supp subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The' cost per student for newly constructed schools, excluding site purchase pri dent n and f $ lOt 000 mperv m ddle or c high schooo per elementary stu student. ~. ; -~ ~. 1 U f~ - 2 t3~4 CI'T'Y ®~ ~iL~ID~AN We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely., ~~ ~ ~~a'~i-~ Dan Mabe Deputy Superintendent DM:gr .-~. ~. ' ~ HUB OF TREASURE VALLEY • OFFICIALS A Good Place [o Live WILLIAMG.BERG.JR..CityClerk CITY OF MERIDIAN JANICE L. GASS. City Treasurer GARY D. SMITH. P.E. City Engineer BRUCE D. sruART. water works supt. 33 EAST IDAHO JOHN T. SHAWCROFT, Waste Water Suot. MERIDIAN, IDAHO 83642 KENNY W. 80WERS. Fire C~iet W.L. "BILL" GORDON. Police Cn~el phone (208) 888-3433 • FAX (208) 887-1813 WAYNE G. CROOKSTON, JR.. Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R TOLSMA ,(~ MA~gX~~,Y.pE~~RRINGTON i.i ~ ~ ~~~~tLJf`{ R RO W SHARI STILES M A V ~la~er ng Atlm~mstrator y•q~ /-1rr~ ,~J}I ,y. y~,~H~NyS,~OjN CI I ~ V ~~ ~~•(1liJlf'1~` Zun~ng TRANSi1~tITTAL TO AGENCIES FOR CC+i~~P,~~'NTS ON DEVELOPMENT PROJECTS WITH THF. CITY OF MERIDIAN To insure that your comments and recommendations will. be considered by the Meridian City Council, may we have your answer by: Ma 31 TRANSMITTAL DATE: 5120/94 HEARING DATE: 617!94 REQUEST: Final Plat for Danbu Fair No. 4 Subdivision BY: B.W. Inc and Hubble En ineerin LOCATION OF PROPERTY OR PROJECT: South of Fairview and West of Locust Grove Rd JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z. GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER 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 8~ FINAL PLAT) U.S. WEST(PREUM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES ~ ~ a ~ ` OTHER: YOUR CONCISE REMARKS: 'w ^. ~' HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS OFFICIALS A Gt7~ place to Live RONALD R. TOLSMA l MAX YERRINGT°" JANICE L. GASS, City Treasurer ' CITY OF MERIDIAN ROBERT D. CORRIE WALT W. MORROW Engineer E. City GARY D SM TH, P BRUCE D. STUART, Water Works supt. t S 33 EAST IDAHO- ~~l STILES inistrator RECE~ Ad . up JOHN T. SHAWCROFT, Waste Water m I n mg ~f KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chiel Attorney JR KSTON Phone (~8) 888433 • FAX (208) 887813 APR 2 5 CI~~ -Planning & Zoning ., , WAVNE G. CROO Public Works/Building Department (208) 887-221 l 1~,JI CITY ~1=1~1:1~11)If~1V GRANT P. KINGSFORD Mayor 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, may we have your answer by: May 3, 1994 TRANSMITTAL DATE: 4/19194 HEARING DATE: 5/10/94 REQUEST: Rezone Reguest• LO to C-G and R-8 BY: BW, Inc and Wayne Stolfus LOCATION OF PROPERTY OR PROJECT: 1225 E. Fairview JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, CJC BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WADER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT X POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER 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 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RE~MATION(PRELIN~ FINAL ~ % CITY FILES n . _ ~ A / //II ~~ ` YOUR CONCISE r1>~ri~>I~ ED- v APR 2 ? 1'9~~1 t~TY OF 1K~I~~~~x~;~N ~ ~ T~ECEI`lE~ G~'fi`C GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary MAY 1 7 ~~ +C1TY OF I~ER1D11~A1 May 4, 1994 TO: BW, INC & WAYNE STOLLFUS 250 S. BEECHWOOD SUITE 120 BOISE ID 83709 FROM: Larry S e, S er r Develo nt SUBJECT: MERIDIAN REZONE LO to C-G AND R-8 1225 E FAIRVIEW Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on May 4, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 CENTRAL r ~ •• DISTRICT HEALTH g Return to: DEPARTMENT R~~~l'~'~'® ^ BOIS@ REVIEW SHEET 1 ^ Eagle APR 2 9 199k ^ Garden City Rezone # G~ - ~' G- ~~ 7Z $' CITY CAF ~~`'~'~'°`~'~'~ ~eridian Conditional Use # ^ Icuna Preliminary/Final/Short Plat ^ ACz f3L+f ~~G.. 1~/~9N ~ STaLI~/S ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic knowledge as to the exact type of use must be provided before we can comment on 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 sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet 7. 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 ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: ^ Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ^ Central water 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Child Care Center ^ Beverage establishment ^ Grocery store ,~- 13: ~/~/`1%~IZ /Y~!'~//s~/yl~.~T s~vg-// Ndi DATE: 2-' '~j~-~,,~~. w~-,--~ c~ v~~y , !~ ~ cu M ~ Reviewed by: S~.ir(( (' ~Mor~ 5 N~x:~ 'TG~I S CDHD 10-91 rcb • 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 7:30 p.m., on May 10, 1994, for the purpose of reviewing and considering the Application of BW, Inc. and Wayne Stolfus for a rezone request of approximately of land located in the NE 1 J4, NE 1 /4 of Section 7, T. 3N, R. 1 E, Boise-Meridian, Ada County, Idaho, and which property is generally located on 1225 E. Fairview Avenue. The Application requests zoning of C-G and R-8. A more particular legal 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 19th day of April, 1994 ~~ WILLIAM G. BERG, JR., C Y CLERK 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 July 19, 1994, for the purpose of reviewing and considering the Application of BW, Inc. and Wayne Stolfus for a rezone request for land less than pne acre located in the NE 1/4, NE 1/4 of Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at 1225 E. Fairview Avenue. The Application requests zoning of C-G and R-8. A more particular legal 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 27th day of June, 1994 - a~ l WILLIAM G. BERG, JR., CITY CLERK ~, =r ~ = ~ = -T - aH i :r ~ i IAt. 4B'C.P.~dt. - - - B 5 --- ~ -~- --~ 1t.-~•.i ---------w----T--------I I ~---------- ~, ~ ~ ~ I I I II Q _ ~ ~ ii N 1~er~ o~~ ~ ~1 ,`~~ I I I ~~~~: ~: ~ ~ I e I ~ _ ~_ ---------- ~ ~~ ~ti~ ~~ ~ ~~ ~ ~ ~ F. ~~ ~~~~~~,~~ I I / ~ ~ -~ :~ ~ ~ a~ ~~ E. DFd~I~R " s~ \:.'= \:•lN\K• 'n•~wry::-4 l's-~. Y; I'~KJ•4~T:F•4M1.•t 14•K+•ti`C ~j• Lr.LnK..K..ti..l:•U•l.•lr•l~-4.-lnKt.::.•4.~tiJti.•V•<i• I t ~f~ ~~ I . ~ I - - I =~ , I ;~ ~- - - - `~ -II I~ .3 II If- ---- I - ii I-~----- J II II•~ I I_ I I y~ ~~ I I I i, I I :r E. etla'hu-rt OdRT I t it \~ _F •' ,.. `~ I I 1. -\% ~ • ~. I I t! w:F•.JI w'i^'V JK'l ~ ~ A n it ~ l~ ~ I :y~r,--t+l~ I e~ -' i. ',I r -. ~ i I ~Yr.1-r. y '~ I ~ I ~ I N. I I ,~' `' ~ ' I I ~ I -L--- -~~~~~~ s~~ ~~ { Z 1 r ~. -~~ t - - _ ~ _ ~ s ~ - -~-------------------------------- I • ~~~~~~ PROPERTY OWNERS WITHIN 300 FT. Property numbers correspond to vicinity map PROPERTY # OWNER & MAILING ADDRESS 1. Curtis, William K. 2630 E. Franklin Meridian, ID 83642 2 . Adams, Harry S. D. & Lynette 3201 Chinden Blvd. Boise, ID 83714 3 . Dirty Harry's Caz Washes Inc. 3201 Chinden Blvd. Boise, ID 83702 4, 5, & 6. SRP Healthcare Inc. 2995 N. Cole Rd., Ste. 2008 Boise, ID 83704 7 . Michels, Steve P. & Mary E. Michels, Glenn E. & Vida 1630 E. Paradise Meridian, ID 83642 8 . Michels, Steve P. & Mary E. Michels, Glenn E. & Vida 1630 E. Paradise Meridian, ID 83642 041~'#~ 1 ~ ~~~~4 ~~ ~ ~° ~~~.~~~ii~t~et PROPERTY ADDRESS & PARCEL # 824 E. Fairview Ave. Meridian, ID 83642 P# S1106438900 1621 N. Jericho Way Meridian, ID 83642 P# 87813770382 1675 N. Jericho Way Meridian, ID 83642 P# 87813770400 1626 N. Jericho Way Meridian, ID 83642 P# 87813770015 00000 E. Cazol St. Meridian, ID 83642 P# 81901000080 1330 E. Fairview Ave. Meridian, ID 83642 P# 81901000090 9 . BW, Inc. 0000 E. Fairview Ave. 250 S. Beechwood Ave., Ste. 120 Meridian, ID 83642 Boise, ID 83709-0944 P# S 1107110407 10. Sweeney Harrold & Naomi Trust 1235 E. Fairview Lee Grant N. & Joyce M. Meridian, ID 83642 P.O. Box 7692 P# S 1107110452 Boise, ID 83707 11. BW, Inc. 1265 E. Fairview Ave. 250 S. Beechwood Ave., Ste. 120. Meridian, ID 83642 Boise, ID 83709-0944 P# SA1107110454 1 of 2 12. 13. 14. L~ LJ Morgan, Clarence and Berna Deane 1187 E. Fairview Ave. 1187 E. Fairview Ave. Meridian, ID 83642 Meridian, ID 83642 P# S 1107120600 Howell, Thomas E. & Maxine P. 2239 Calle Jalapa W. Covina, CA 91792-2123 1139 E. Fairview Ave. Meridian, ID 83642 P# 51107120620 Boise Podiatry Building 1065 E. Fairview Ave. Meridian, ID 83642 1065 E. Fairview Ave. Meridian, ID 83642 P# S1107120650 2of2 • MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 10. 1994 APPLICANT: BW INC AND WAYNE STOLFUS AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC HEARING• REZONE REQUEST FROM L-O TO C-G AND R-8 AGEN Y CITY CLERK: CITY ENGINEER: COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS COMMENTS ~I~ ~~'" ~~~~ NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: • } HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning WILLIAM G. BERG, JR.. Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chiet W.L. "BILL" GORDON, Poliee Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM TO: FROM:' DATE: SUBJECT: Pla ing & Zoni ommission, Mayor and Council -~~s S ar>_ L. ti s, Planning & Zoning Administrator June 3, 1994 Final Plat for Danbury Fair No. 4 Subdivision This final plat generally complies with the approved preliminary plat and supports the affordable housing policies in the Comprehensive Plan. 1. Application indicates no sprinkler systems are provided. Pressurized irrigation is required. 2. Minimum house floor area symbols need to be attached to each lot. House sizes less than 1,301 s.f. shall be dispersed uniformly throughout the development. 3. Applicant is to ensure irrigation districts have reviewed and approved plans (Settlers and Nampa-Meridian) and provide evidence of this to the City. I realize this parcel was' previously zoned R-8, but still feel plats should conform to the Ordinance in effect at the time of final platting and recording. MERIDIAN CITY COUNCIL MEETING: June 7.1994 APPLICANT: B.W. INC. AND RUBBLE ENGINEERING AGENDA ITEM NUMBER: 14 REQUEST: FINAL PLAT FOR DANBURY FAIR N0.4 SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Post-ItT"" brand fax transmittal memo 7671 # of pages - To ~ Tor From 1 C7f" er',t~"ia Co. Co. Dept. Phone # Fax#~~~ ~~~~ Fax# MERIDIAN PLANNING & ZONING COMMISSION MEETING: June 14.1994 APPLICANT: BW INC. AND WAYNE STOLFUS AGENDA ITEM NUMBER: 9 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING 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: COMMENTS FINDNGS OF FACT AND CONCLUSIONS OF LAW `~ f ~ f ~ ~~,,,;s o~°~ ~ ~e~ 0` p ~ r YQ ~q~s ~ C ~~ OTHER: ~ D BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BW, INC. REZONE APPLICATION 1225 E. FAIRVIEW FROM LIMITED OFFICE (L-O1 TO C-G AND R-8 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having cobne on for public hearing May 10, 1994, at the hour of 7:30 o'clock p.m., the Petitioner, appearing through its representative, Dan Torfin. The Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 10, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 10, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available'to newspaper, radio and television stations. 2. That this property is located within the City of Meridian and is owned by the Applicant. The property is described in the application which description is incorporated herein; that the property is presently zoned L-O Residential; the area surrounding FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 • is a mix of commercial and residential use properties. 3. That the request to rezone is to rezone the northerly 135 feet south of Fairview Avenue as General Retail and Service Commercial, for use as a veterinary clinic, and the balance of the remaining L-O property to R-8 to be made a part of the adjacent Danbury Fair Subdivision. 4. That this zone change request complies with the Meridian Comprehensive Plan and development objectives in this portion of the City. 5. That the C-G District is described in the Zoning Ordinance, 11-2-408 B 11. as follows: (C-G ) 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. and the R-8 District is described in Section 11-2-408 B 4. as follows: R-8) Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 6. That the Applicants representative stated that the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 property was 3/4 of an acre, that the north portion was going to be - a veterinary clinic, that the south portion would be included into Danbury Fair Subdivision, that Jackson Drain was not on this property and is tiled in the area, there was 80 feet of frontage, that there would be landscaping including perimeter fencing, that there would be no outside kennels and that it was not a boarding facility. 7. That the veterinarian, Mike Peterson testified that there would be some boarding of small animals but only inside the building and that there would be no outside boarding of animal. 8. That Bernadine Morgan testified stating that she was concerned about outside kennels and that she desired protection from the construction that would take place.- 9. That the Nampa & Meridian Irrigation District, Meridian Fire Department, Meridian Police Department, Central District Health Department, and the Meridian Planning Director submitted comments, which are incorporated herein as if set forth in full; that the Irrigation District commented that all lateral and waste ways must be protected; that municipal drainage must be retained on site; and that irrigation water be made available to the development. 10. That the Meridian Planning Director commented that rezone is consistent with the goals of the Comprehensive Plan, that the veterinary clinic would provide a good buffer from Fairview Avenue with landscaping required along Fairview Avenue and landscaping/screening next to adjacent residential area, any FINDINQS OF FACT AND CONCLUSIONS OF LAW Page 3 • . irrigation conveyance/drainage structures will need to be tiled, the Jackson Drain must remain open, and that. coordination with Nampa-Meridian Irrigation District to possibly allow a bike/walking path is encouraged along the drain. 11. That the property is located on Fairview Avenue which is designated an Entryway Corridor in the Comprehensive Plan; the Entryway Corridors Goal Statement includes the following statement: 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 12. That there have been recent commercial additions along Fairview Avenue. 13. 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." 14. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 15. That Section 11=6-606 B 14, requires pressurized irrigation. 16. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. coNCZVSIONs FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 • . 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 (R) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a ) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The area included in the rezone designed to be rezoned to C-G is an area that probably would have been rezoned in the FINDINGS OF FACT AND CONCLU3ION3 OF LAW Page 5 • • future to a commercial zone. (c) The area included in the rezone application is intended to be developed in the fashion allowed in the new zones. (d ) There have been changes in• the area which tend to dictate that the property should be rezoned, and the property is designed to be developed in a fashion which comports with the existing development and the residential uses in the area. (e) That the property must be designed and constructed to be harmonious with the surrounding area. (f) The proposed uses should not be hazardous or disturbing to the existing or future uses of the neighborhood. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development as a veterinary clinic should not cause a significant increase in vehicular traffic. (k) That this rezone will not result in the destruction, loss or damage of 'any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. It is further concluded that the recommendations, comments, and requirements of the City Engineer, if submitted, shall be met and complied with. 7. The requirements of the Ada County Highway District, if submitted, and Nampa Meridian Irrigation District shall have to be complied with. 8. As a condition of rezoning, if there is room, the FINDINa3 OF FACT AND CONCLUSIONS OF LAW Page 6 • property shall meet the requirements of the Entryway standard of a 35 foot landscaped set back, which must be landscaped. 9. That it is concluded that the rezone is appropriate and should be granted. 10 That it is further concluded that the Applicant must, as a condition of rezone, look into whether or not irrigation water can be supplied by an irrigation district and a pressurized irrigation system installed that uses the irrigation water from the irrigation district; if irrigation water from an irrigation district can not be used, that the Applicant shall look into supplying irrigation water from a well; it is further recommended to the City Council that if irrigation water from a district can be used that such water use be required as a condition of rezone; that if irrigation water from an irrigation district cannot be used, that the Applicant be required to drill a well for its water for sprinkler use, as a condition of rezone. It is further concluded that if irrigation water from an irrigation district is not available or if a well cannot be drilled to supply water for irrigation, that this paragraph not be a condition of the rezone. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ~'~~ VOTED " VOTED DECISION AND RECOI~IIKENDATION ~ ~~,Y`~ 1 / ~ ~.~~ The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the Nampa Meridian Irrigation requirements, Ada County Highway District requirements, the Uniform Building Code, the fire and life safety codes, and other Ordinances of the City of Meridian; that the Applicant meet the requirements of paragraph 10 of the Conclusions regarding irrigation water; and that the Applicant meet the 35 foot landscaped Comprehensive Pla . MOTION: APPROVED• set back required under the Meridian DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page $ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this ~ ~~` day of July, 1994. ~1yc~zG~: ~ /~ ~ f~'t,d (, % ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA 1 VOTED VOTED X ~~ VOTED X Q7, VOTED MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED- VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~j~.~j1/~ iQ,~2dt~~ • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., Clty Clerk W S CITY OF MERIDIAN P.E. City Eng eer GARY D. SM TH BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chlef MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Pollce Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor M~IORANDUIM T0: Planning Zoni~ Co~~ion, Mayor and Council FROM: Shari L. Stiles, Planning & Zoning Administrator DATE: May 5, 1994 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner R Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning SUBJECT: Rezone from L-0 to C-G and R-8 - BW, Inc., and Wayne Stollfus The request to rezone this parcel north of the existing Danbury Fair Subdivision is consistent with the goals of the Comprehensive Plan. The proposed use as a veterinary clinic will provide a good buffer from Fairview Avenue traffic, with landscaping required along Fairview Avenue and landscaping/screening next to adjacent residential areas. Development of added R-8 area will require a revision to the existing Danbury Fair preliminary plat. Any irrigation conveyance/drainage structures will need to be tiled to the satisfaction of downtown water users and Nampa-Meridian Irrigation District. The Jackson Drain must remain open, and fencing or buildings may not encroach upon the easement. Coordination with Nampa-Meridian Irrigation District to possibly allow a bike/walking path is encouraged along this drain. Any necessary license agreements must be executed with Nampa-Meridian Irrigation District and submitted to the City prior to final plat submittal. I recommend approval of this rezone request subject to above conditions, with appropriate site planning review for C-G area and platting process for R-8 to follow. • MERIDIAN CITY COUNCIL MEETING: July 19.1994 APPLICANT: BW INC. AND WAYNE STOLFUS AGENDA ITEM NUMBER: 19 REQUEST: PUBLIC HEARING: REQUEST FOR REZONE FROM L-O TO C-G AND R-8 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING 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: SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS P~~ ~~~F ~J ~PP~ e(~ ~, ~~ a~ ~~~~c ~ c~d~ ~~ ~~~ C~Qb~~,v J OTHER: Meridian Planning & Zoning May 10, 1994 Page 32 usually more than one. Shearer: Well, I think that the Attorney has to decide whether or not he has the time to do them. Johnson: You can word the motion to say that. So re-state your motion since I confused you. Shearer: I move we have the Attorney prepare findings of fact and conclusions of law when the Ada County comments are back from ACRD. Alidjani: Second Johnson: It is moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law on the application at such time as the ACHD comments are received, all those in favor? Opposed? MOTION CARRIED: 3 YEAS, 1 Nea (FIVE MINUTE RECESS) ITEM #12: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICES AND RECORD STORAGE BY STANELY SMITH: Johnson: We are skipping item 12 because it was cancelled at the request of the applicant. ITEM #13: PUBLIC HEARING: REZONE REQUEST FROM L-O TO C-G AND R-8 BY BW INC. AND WAYNE STOLFUS: Johnson: I will now open the public hearing, is there someone representing the applicant please come forward now and address the Commission. Dan Torfin, 250 Beachwood, Boise, was sworn by the City Attorney. Torfin: This request by BW Inc. is to rezone 3/4 of an acre a piece of property on Fairview from Limited Office into 2 parcels of a different zoning designation. The north parcel will be designated the request if for CG commercial and then the southerly parcel is R-8 which would be pulled into the residential development of Danbury Fair subdivision. This request is to facilitate the developemnt of a veterinarian clinic construction on Fariview avenue on the northerly parcel which is i ~ Meridian Planning & Zoning May 10, 1994 Page 33 approximately 16,000 square feet. I entertain any questions if the Commission has any. I do have a map. It is a small parcel,. the red parcel right here is the one that we are requesting the commercial zone and then this is the preliminary plat for the Danbury Fair subdivision and this orange parcel will be pulled in an combined with the culdesac. And most likely provide a little bit of depth for these lots in here as a buffer from the commercial development. I got a copy of the site plan for the vet clinic which is the building sits back here with parking and an access out on Fairview. I don't know if you can all see that. Alidjani: For the portion that you are asking R-8 do you have an idea for an duplex, fourplex or are you just talking about small frontage on that single lot? Torfin: Right now it is platted, it has preliminary plat approval for single family but we have talked about in our rezone of possibly coming back in and doing some duplex townhouses which would be probably a good idea for a buffer between he developments out on Fairview. But we would have to submit a separate application request and we are not requesting that at this time. Rountree: I have a question, why are you seeking a change from L-O to C-G, I believe the L-O would allow for professional office? Torfin: On the commercial zone the veterinary clinic is a permitted use. L-O is permitted through a conditional use permit and we felt it would be better to go ahead and zone it and have the zoning. Commercial is better fitted 1 think for the Fairview frontage. I would like to clarify something in the staff report if I may, Shari had a comment about the Jackson Drain, that it must remain open. I would just like to clarify that it is not located on this property. It ran right along here and across here into a pipe that runs along the adjacent property. And it has now been piped across this road that services this subdivision. It is completely tiled in that area. Johnson: How much frontage is on Fairview? Torfin: There is approximately, I've got a map, it is approximately 80 feet of frontage. The parcel actually the title of the parcel goes out to the section line, but once the right of way was dedicated it will come back 50 feet off the center line and have approximately 80 feet of frontage. Johnson: The Danbury Subdivision when we zoned that R-8 did we put the restriction on there with respect to multiple family units? Torfin: I don't believe you did, that property was annexed and zoned with R-8 back Meridian Planning & Zoning June 14, 1994 Page 9 Johnson: It is moved and seconded to pass the decision or recommendation as written onto the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BW INC. REZONE REQUEST: Johnson: Entertain a motion for approval if no one has any comments. Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Rountree: Second Johnson: It is moved and seconded to approve the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Johnson: Decision or recommendation for the City Council. Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezone requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the property be required to meet the water and sewer requirements, Nampa Meridian requirements, Ada County Highway Dis#rict requirements, the Uniform Building Code, the Fire and Life Safety Codes and the other ordinances of the City of Meridian. That the applicant meet the requirements of paragraph 10 of the conclusions regarding irrigation water and that the applicant meet the 35 foot landscape setback required of the Meridian Comprehensive Plan. Shearer: Second Johnson: It is moved and second to pass a decision or recommendation onto the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea - ~• Meridian City Council July 19, 1994 Page 59 Tolsma: Let's call the meeting back to order please. ITEM #20: PUBLIC HEARING: REQUEST FOR REZONE BY BW INC. AND WAYNE STOLFUS: Tolsma: Is there a representative here. Dan Torfin, 250 South Beechwood, Boise, was sworn by the City Attorney. Torfin: The application before you contains a request to rezone approximately 7 tenths of an acre from L-0 to C-G commercial and R-8 residential. The request is based on the need to facilitate the development of a veterinarian clinic on the Fairview frontage parcel. Which is approximately a 1/3 of an acre. I would like to clarify something in the staff report regarding 2 items, one is the Jackson Drain which is stated in the staff report that it is open and must be maintained as an open ditch. It actually is piped through the side and piped all the way across Fairview Avenue. The other item is the ~35 foot landscape setback which is in the staff report and was also passed through as a recommendation by the Planning and Zoning Commission. Due to the irregularity of this site and the small area of the site we have met with staff and we initially talked about a 20 foot setback however we have learned we need to give up an additional 7 feet of right of way for future roadway improvements. And so we would like to request some relief from the 35 foot landscape setback from the right of way. And request that 15 feet be acceptable. I have looked though the Meridian area and maybe the biggest setback was 20 feet, but probably it goes that there is nothing to 10 to 15 feet. When Fairview is fully developed there will be an additional 21/2 feet on the sidewalks so our 15 would become 17 1/2 feet. Other than that we have no other exceptions to what has been passed on as a recommendation. I would be glad to answer any questions. Tolsma: Any questions? Anyone else from the public wish to offer testimony on the rezone application by BW Inc. Seeing none I will close the public hearing. Morrow: I have a question I guess for the Counselor with respect to the 35 foot setback, it is in the decision and recommendation of P & Z is that something a variance needs to be requested here, or are we dealing with 2 different issues here? Crookston: No, not a variance, it is not required by your ordinance it is part of the new comprehensive plan, it is stated to be a condition for the rezone. It is totally up to what you want to do, it is not required by ordinance. The goal is to make Fairview meet that goal, it is being requested at the new West One facility that they are doing their rezone on, it has been asked for in several places. along Cherry Lane. It is not just with this request. Meridian City Council July 19, 1994 Page 60 Torfin: Mr. President, can I make a clarification, on what this would actually do to us, I have a site plan. Right now we would end up losing 5 parking spaces if we had to shift everything down into there. This doesn't reflect the 7 feet that ACRD is requiring. It really causes us some problems in planning the site, it is kind of an irregular shaped parcel. Also in the findings, not in the recommendation but in the findings, there was the language that if a 35 foot landscape setback could be provided then we should do so, there was the provision of if. Morrow: Are you suggesting that, I believe that would be the State Highway Department or ACRD that is requesting additional of 7 feet to the 35 feet so in reality it is 42 feet. Torfin: Yes if we had to do a 35 feet and it is Ada County Highway District, it is a State Highway but I believe they have jurisdiction in this area. One discussion that we had with staff was that the landscape requirements based on this small development that we would only be required to put a couple trees in. We are planning on doing extensive landscaping, our site is setback such that we will have landscaping around the whole building and it will be landscaped quite nicely. Morrow: A question to the square footage mandates how many parking spaces? Torfin: Ten Morrow: And how many parking spaces if you do the 42 feet can you put on that site? Torfin: We can only really come up with 6 and it is not enough for the use, we need that many. We have a handicapped space that we have to provide and the ADA requirements have changed from 12 feet to 16 feet. There are some constraints that keep pushing us back. I did talk with your planning staff and maybe she can address the issue. (End of Tape) Shari Stiles, 33 East Idaho, was sworn by the City Attorney., Stiles: My question Shari is with respect to the 35 foot setback with the 7 feet for a total of 42 feet and the conflict that it creates with respect to the size of the building would indicate that there needs to be 10 parking spaces. By doing the 35 and 7 in Mr. Torfin's testimony would indicate that they can only get to 10 parking spaces, is there some common ground that allows obviously if the building square footage sets a standard of 10 parking spaces then how do we reconcile the desire for the setback easement with the requirements of the number of parking spaces? Meridian City Council July 19, 1994 Page 61 Stiles: Councilman Morrow, I believe that would be your decision if you were willing to forgo some of the parking space for the landscape. 1 don't like to fact of giving up some of the 35 feet because we are just bairly starting to ask for it and already somebody is asking to not comply with that. In this case they are providing quite a bit of landscaping perimeter landscaping to buffer the residential and also they are going to have the perimeter fencing. I don't know if there is something they can do to provide parking on the easterly side that they are not showing on their plan as being used right now. It is a hard thing to answer as far as are we willing to say okay that is okay and then the next person comes along and says well he only had to do 15 feet, I only want to do 10. I worry about it setting a precedent. Morrow: I think the other issue there is that particularly with the parcels that are close in town that for all practical purposes are very small, if we are going to develop that out it seems to me like there has got to be some compromise with that standard because the other side of that coin is that what good is the 35 feet if we put together a building there that is constantly empty because you can't service the building in terms of parking spaces for clients coming in and out and consequently they don't come in and out and we end up with a vacant building. How do we reconcile for example the ones further into town like Ponderosa Paint and those buildings obviously would be hard pressed to have 7 feet of a landscape buffer. So, my question is give us some help here as to how we reconcile the 2 issues. Stiles: The site is very narrow where is fronts Fairview, I believe that other landscaping they are proposing is more than a lot are willing to do, some aren't even willing to provide the one tree per 1500 square feet of asphalt that the ordinance requires. The Comprehensive Plan just does say that it encourages a 35 foot landscape setback. And I haven't heard other comments that valuable commercial property is being eaten up with this 35 foot setback. I guess what I would say to you is that became of what has been told to me about their landscaping plans and that is will be a quality plan and not the bear minimum I think it would be okay to reduce that to the 20 or 15 if that is what you decide to do. Crookston: The question I have, I don't have it totally depicted in my mind is there a portion that we are rezoning to R-8 just farther south from the veterinarian part? Stiles: Yes Crookston: You could get the 35 feet if went even farther south for the veterinarian and then the remainder could be R-8. Stiles: I believe there was a larger area that was zoned Limited office that was zoned prior • Meridian City Council July 19, 1994 Page 62 to this rezone. So, basically they have asked for a smaller area to be rezoned C-G that was available before his L-0. Crookston: Right, so they could do the 35 feet if they reorganize what they are asking for, is that right? Stiles: It would appear so yes. Torfin: Because of the site and configuration right now we are shoving this building, this is a commercial building and it is going to be a veterinarian use. We are continually pushing it back with all of these setbacks and we are going to get back so far that it is going to be tough to really market the building in the future by getting it back so far. That is another consideration. I guess other areas that have landscape setbacks they are primarily 15 and 20 feet and look nice and coming off of the freeway you have 10 to 15 feet of landscape and. I think it achieves what you are trying to do with the 35 at least in this case. And maybe others that I am not aware of seems like it is a burden that we would like to have some relief. Morrow: How much, to take up on this other issue that has been raised, how much footage across the back is being made into R-8? Torfin: Square footage? Morrow: No, in terms of lineal footage in terms of depth? Torfin: It is 80 feet Morrow: It can't be 80 feet deep Dan. Torfin: Let me show you (Discussion Inaudible) Torfin: Our concerns are pushing the building back so far that no one knows that it is there and also chewing up that buffer area. Morrow: Another question, the property that is immediately to the east of that, the large portion that used to be the driveway, those people would be subject to the same 35 foot setback would they not in terms of developing that parcel of property? Torfin: I believe that they are seeking some relief from that as well, their parking plan Meridian City Council July 19, 1994 Page 63 • would be compromised where they would lose a whole bank of parking. And I have talked to them and they are planning a landscape strip. The 35 foot setback would take out a big chunk and I believe they are also subject to some additional right of way dedication. Councilman Morrow, there is another parcel in between us and them. As Shari stated we are planning on doing a really nice landscaping plan and I think the City of Meridian would be proud of it and would not see it as something less than what you want along one of your main entrances to the city. Corrie: You feel that 20 foot difference is going to make a difference as far as people seeing it from Fairview? Torfin: The building is back far enough now that another 20 feet just exacerbates the condition. Corrie: This is a terrible time of night to try and make a decision like that. We are trying to do something all the way down the road and then we get variances to do it now or don't do it now, I don't know. Dennis Baker, 250 South Beechwood, Boise, was sworn by the City Attorney. Baker: Thank you Mr. Chairman and members of the Council, I think the real concern I have is pushing this potential piece back into the residential. If we don't have that berm of the south end of the veterinarian clinic we are, in other words if we are forced to go back an additional 20 feet from what we are suggesting we are pushing back into the residential that is already been preliminary plat residential that has already been preliminary plat approved and is yet to be constructed. And so we push it back in there we can't put that berm to protect those people who would be in that culdesac back there approximately 10 lots in that culdesac. That is my main concern, the fact that we are back off of the road on Fairview this far is a concern but my main concern is going back into the residential without adequate buffer of the berm and some fencing and some landscaping in there to protect those people that would be in there. That is all I really wanted to say on that. Yerrington: The only trouble with this, if we allow him to change the setback, Intermountain Arms is going to want the same thing, West One is going to want the same thing. That is all I have to say. Tolsma: What you are talking about is establishing a precedent. Yerrington: Yes, we might as well change our rules to 15 feet or eliminate them. Meridian City Council July 19, 1994 Page 64 Tolsma: Anyone else wish to offer testimony on this? Mike Peterson, 9125 McMillan, Boise, was sworn by the City Attorney. Peterson: I would ask for your consideration of indeed there is a big difference between West One Bank and Intermountain Arms as far as the size of the property and the type of business which they are pursuing. As it was mentioned a couple of these small pieces of property on Fairview that eventually do need to be developed and I think it would be quite a hindrance if the 35 foot limit was placed on the right of way there. I would just there again I can certainly see the need to, I think there is always a need to be flexible and I would ask that you consider the spirit of what you are trying to do in the Comprehensive Plan and not be too strict on some of these demands. I will be the veterinarian there so I want to make that point, I would like to be there. Wayne Stolfus, 250 Beechwood, Boise, was sworn by the City Attorney. Stolfus: I don't want to belinger the point most of the comments have already been made on this setback. I understand your concern about implementing a policy and trying to be uniform, but realistically you will never have uniformity on a street like Fairview, you have some recently constructed businesses there now that this requirement was not even a matter of discussion. You also have some additional undeveloped properties that you have no control of until they develop. And whether or not this 80 feet of frontage or whatever it is has 35 feet or 10 feet really isn't' going to make or break your entrance to the City there. I think it is more important on how it is-done. You don't need 35 feet of grass to have an attractive entrance. If it is visible the elevation on a berm so that it is visible from a car seat has a lot more to do with the visual impact. So, I think you can achieve your entrance to the City and it can be an attractive entrance without having 35 feet of grass that somebody has to water and maintain, I "don't think that is the key to your attractive entrance. If you do have the requirement if you are going to have a property on either side of it that doesn't have the requirement, you are going to have a new building built across the street that doesn't have the requirement and so I have trouble justifying the argument that you have to be uniform across the board. Because even if you do that for the next 20 years your entrance and landscaping is not going to be uniform. Tolsma: Anyone else wish to offer testimony on this issue? Seeing none I will close the public hearing. Morrow: I have a question, since I wasn't privied to the Comprehensive Plan implementation can you basically brief me as to the idea behind the 35 feet in terms of how many streets does that apply to, does it apply to Fairview and what other streets does it apply to and. the purpose of 35 feet does seem like an awful lot of landscape and •~ Meridian City Council July 19, 1994 Page 65 landscape area. As we have listened to the testimony this evening what was the line of thinking behind creating 35 feet. Crookston: The line of thinking to my understanding was to be along the entryway corridors includes Fairview, Cherry Lane, Meridian Road, Franklin Road and East 1st. Morrow: Where would we obtain any of that on any of those streets? Corrie: We are doing that now on East 1st with McDonalds and all of that in there aren't we. Tolsma: I don't think there is 35 feet on McDonalds or any of those that is just a berm out there. Crookston: We are doing it with Avest which is basically across the road from this development as Locust Grove and Fairview. We are asking it of West One which is on their new branch which is west of Meridian Road, the thinking there was there is going to be a substantial development at Meridian Road and Cherry Lane that the City wanted it there. We have asked for it in rezones north of the Maverick at Linder and Cherry Lane. All I can tell you is where it has been asked for and the thinking behind it was for entry way corridors. Morrow: Well, quite candidly some of those properties along Cherry Lane between the West One and Maverick the lots of record wouldn't have enough depth if you had a 35 foot frontage enough depth to even do anything with them. Crookston: That is true Morrow: Isn't that self defeating? Crookston: It certainly is to a certain extent but the goal is to get to it whether you go step by step or whether you have an opportunity to go onslaught. It was just move because that was the proposal in the Comprehensive Plan. Morrow: It doesn't seem real practical, it does on the Avest properties and those properties that are east of Locust Grove and it doesn't apply West of Linder because everything is residential. East 1st, all the stuff between East 1st and the freeway was done before under the old Comprehensive Plan so it doesn't apply to any of that. When you are dealing with large parcels of property like the Avest thing is 40 acres of land, 35 feet is. a ~ ~ r ~ • Meridian City Council July 19, 1994 Page 66 Tolsma: Well they have a 1/4 mile frontage out there too. Morrow: Different situation, how do you, handle the deal where Intermountain Farmer is with respect to that subdivision. You don't get 35 feet there because it is already developed and zoned and already landscaped. Tolsma: (Inaudible) Corrie: Well, it looks like to me Mr. President we need to do it on a case by case basis where it fits and if it doesn't fit than we will have to adjust accordingly. If we want to change that we need to have new findings of fact is that correct or amend it. And you were asking for 15 foot? What is your pleasure Walt? Morrow: Well, I think there has to be submittal ground here, if we are going to do it on a site to site basis than I think we need to see development plans that specifically spell out what the rest of the landscaping is if we are going to do a 15 foot setback that is a landscaped are that looks like landscaping for the rest of the lot so we are assured we are getting what it is that we want. Although with this particular development you may have a history of doing exactly what it is they say they are going to do we are dealing with a new area here. If it is 15 feet or 20 feet or whatever let's see what the compensation is on the other side with respect to the other landscaping. Tolsma: What you might do also is see what Intermountain Farmers has out there for their landscape project or McDonalds or Chevron's landscaping and see out is compares on footages. Morrow: Well, that is true, all they have is a grass berm. Tolsma: Well, there are trees and shrubs and flowers and everything else out there. If they are at 20 feet or 25 feet well maybe that is something to look at there. (Inaudible). Morrow: Well, if that is what you are after than in order to do that you would need to table this tonight is that correct. Crookston: Correct Morrow: You wouldn't have that number to compare it to. Tolsma: No, you wouldn't have that number (inaudible). Corrie: Let's get it off. the table here, I move that we accept the findings of fact and ~. ., n, • • Meridian City Council July 19, 1994 Page 67 conclusions of law with the replacement of a 15 foot landscape setback required under the Comprehensive Plan. Morrow: Did you wish to include in your motion that the applicant submit a landscape plan for this site? Corrie: Yes Morrow: Second Tolsma: Moved by Bob, second by Walt to approve the findings of fact and conclusions of law with a 15 foot setback instead of a 35 foot setback and that the developer provide a landscape site plan for the project, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea Torfin: Can I ask for one clarification and it will be brief when we submit the .building plans the site plans and the landscape plan will be submitted for review is that a staff level review? Morrow: The landscape review plan based on the motion would be done at the staff level because the public hearing was not continued to the next meeting for that presentation. So it would be up to our #1 gal to take care of that. (Discussion Inaudible) Crookston: I think you need to table the ordinance because you are still waiting for the landscape plan. Morrow: So moved Corrie: Second Tolsma: Moved by Walt, second by Bob to table the rezone ordinance until we have a landscape plan, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #21: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A t ORDINANCE NO. AN ORDINANCE OF TAE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN THE NW 1/4 OF THE NE 1/4 OF SECTION 7, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from L-O, Limited Office to C-G, General Retail and Service Commercial High Density and R- 8, Medium Density Residential, for the described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: A parcel of land lying in the NW 1/4 of the NE 1/4 of the NE 1/4 of Section 7, T.3N., R.lE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 5, 6, 7 and 8 of T.3N., R.lE., B.M.; thence North 89°54'45" West along the section line common to said Sections 6 and 7 for a distance of 1320.48 feet to the East 1/16th. corner common to said Sections 6 and 7 being marked by an aluminum cap monument, said point also being the REAL POINT OF BEGINNING; Thence South 0°04'01" West (formerly described as South) along the Westerly boundary of the NE 1/4 of the NE 1/4 of said Section 7, for a distance of 165.36 feet; thence South 89°55'59" East for a distance of 166.68 feet; REZONE ORDINANCE - BW, INC. Page 1 /"~ ,-~ thence North 35°11'00" West for a distance of 123.89 feet; thence North 11°20'53" West for a distance of 34.71 feet to a point on a curve of the Southerly 50 foot right-of- way line of Fairview Ave.; thence 17.16 feet along the arc of said curve to the left, said curve having a radius of 57,245.80 feet, a central angle of 0°01'02" and a chord distance of 17.16 feet which bears South 89°58'50" West to a point on a curve; thence leaving said right-of-way line North 50°22'45" West for a distance of 8.14 feet; thence North 0°58'15 "East for a distance of 25.00 feet to a point on the section line common to said Sections 6 and 7; thence North 89°54'45" West along said section line for a distance of 65.28 feet to the real point of beginning. be, and the same is hereby rezoned from L-O, Limited Office to CG General Retail and Service Commercial; AND A parcel of land lying in the NW 1/4 of the NE 1/4 of the NE 1/4 of Section 7, T.3N., R.lE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 5, 6, 7 and 8 of T.3N., R.1E., B.M.; thence North 89°54'45" West along the section line common to said Sections 6 and 7 for a distance of 1320.48 feet to the East 1/16th corner common to said Sections 6 and 7, being marked by an aluminum cap monument; thence South 0°04'01" West (formerly described as South) along the Westerly boundary of the NE 1/4 of the NE 1/4 of said Section 7, for a distance of 165.36 feet to the REAL POINT OF BEGINNING; thence continuing South 0°04'01" West along said Westerly boundary for a distance of 84.64 feet; thence South 90°00'00" East for a distance of 226.31 REZONE ORDINANCE - BW, INC. Page 2 ~. r'~ feet; thence North 35°11'00" West for a distance of 103.32 feet; thence North 89°55'59" West for a distance of 166.68 feet to the real point of beginning. be, and the same is rezoned from L-O, Limited Office to R-8 Medium Density Residential; and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the above two zoning amendments. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for rezone. Section 2. The Applicant shall pave parking areas adjacent or near property, the design standards for off-street parking in 11-2 414 must be met, specifically including the fencing. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to L-O. .Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of .Meridian, Ada County, Idaho, this day of , 1994. REZONE ORDINANCE - BW, INC. Page 3 APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN TAE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN THE NW 1/4 OF THE NE 1/4 OF SECTION 7, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE, "; passed as Ordinance No. , by the City Council and Mayor of the City of Meridian, on the day of 1994, as the same appears in my office. DATED this day of 1994. City Clerk, City of Meridian Ada County, Idaho REZONE ORDINANCE - BW, INC. Page 4 ~, STATE OF IDAHO,) ss. County of Ada, ) On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged 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. SEAL REZONE ORDINANCE - BW, INC. Notary Public for Idaho Residing at Meridian, Idaho Page 5 i"`~ MERIDIAN CITY COUNCIL MEETING: July 19.1994 APPLICANT: BW INC. AND WAYNE STOLFUS AGENDA ITEM NUMBER: 19 REQUEST: PUBLIC HEARING: REQUEST FOR REZONE FROM L-0 TO C-G AND R-8 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: 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: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: r ' HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk i S CITY OF MERIDIAN RONALD R. TOLSMA OBERT D.ICORR E neer P.E. City Eng GARY D. SM TH WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887.4813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORF161DUM T0: Planning b Zoning ~c FROM: Shari L. Stiles,"' DATE: May 5, 1994 SUBJECT: Rezone from L-0 Stollfus ~Commi lion, Mayor and Council ~t .l~~s Jlanning & Zoning Administrator to C-G and R-8 - BW, Inc., and Wayne The request to rezone this parcel north of the existing Danbury Fair Subdivision is consistent with the goals of the Comprehensive Plan. The proposed use as a veterinary clinic will provide a good buffer from Fairview Avenue traffic, with landscaping required along Fairview Avenue and landscaping/screening next to adjacent residential areas. Development of added R-8 area will require a revision to the existing Danbury Fair preliminary plat. Any irrigation conveyance/drainage structures will need to be tiled to the satisfaction of downtown water users and Nampa-Meridian Irrigation District. The Jackson Drain must remain open, and fencing or buildings may not encroach upon the easement. Coordination with Nampa-Meridian Irrigation District to possibly allow a bike/walking path is encouraged along this drain. Any necessary license agreements must be executed with Nampa-Meridian Irrigation District and submitted to the City prior to final plat submittal. I recommend approval of this rezone request subject to above conditions, with appropriate site planning review for C-G area and platting process for R-8 to follow. t ~~ ~ ~/ .` ~~ ~i~ ~I `_ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BW. INC. REZONE APPLICATION 1225 E. FAIRVIEW FROM LIMITED OFFICE (L-O) TO C-G AND R-8 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing May 10, 1994, at the hour of 7:30 o'clock p.m., the Petitioner, appearing through its representative, Dan Torfin. The Planning and Zoning Commission of the City of Meridian having duly considered the evidence .and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 10, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 10, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That this property is located within the City of Meridian and is owned by the Applicant. The property is described in the application which description is incorporated herein; that the property is presently zoned L-0 Residential; the area surrounding FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 ~"'~ is a mix of commercial and residential use properties. 3. That the request to rezone is to rezone the northerly 135 feet south of Fairview Avenue as General Retail and Service Commercial, for use as a veterinary clinic, and the balance of the remaining L-O property to R-8 to be made a part of the adjacent Danbury Fair Subdivision. 4. That this zone change request complies with the Meridian Comprehensive Plan and development objectives in this portion of the City. 5. That the C-G District is described in the Zoning Ordinance, 11-2-408 B 11. as follows: (C-G ) 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. and the R-8 District is described in Section 11-2-408 B 4. as follows: R-8) Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 6. That the Applicants representative stated that the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 ~, property was 3/4 of an acre, that the north portion was going to be a veterinary clinic, that the south portion would be included into Danbury Fair Subdivision, that Jackson Drain was not on this property and is tiled in the area, there was 80 feet of frontage, that there would be landscaping including perimeter fencing, that there would be no outside kennels and that it was not a boarding facility. 7. That the veterinarian, Mike Peterson testified that there would be some boarding of small animals but only inside the building and that there would be no outside boarding of animal. 8. That Bernadine Morgan testified stating that she was concerned about outside kennels and that she desired protection from the construction that would take place.- 9. That the Nampa & Meridian Irrigation District, Meridian Fire Department, Meridian Police Department, Central District Health Department, and the Meridian Planning Director submitted comments, which are incorporated herein as if set forth in full; that the Irrigation District commented that all lateral and waste ways must be protected; that municipal drainage must be retained on site; and that irrigation water be made available to the development. 10. That the Meridian Planning Director commented that rezone is consistent with the goals of the Comprehensive Plan, that the veterinary clinic would provide a good buffer from Fairview Avenue with landscaping required along Fairview Avenue and landscaping/screening next to adjacent residential area, any FINDINGS OF FACT .AND CONCLUSIONS OF LAW Page 3 irrigation conveyance/drainage structures will need to be tiled, the Jackson Drain must remain open, and that coordination with Nampa-Meridian Irrigation District to possibly allow a bike/walking path is encouraged along the drain. 11. That the property is located on Fairview Avenue which is designated an Entryway Corridor in the Comprehensive Plan; the Entryway Corridors Goal Statement includes the following statement: 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 12. That there have been recent commercial additions along Fairview Avenue. 13. 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." 14. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 15. That Section 11-6-606 B 14, requires pressurized irrigation. 16. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of-the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The area included in the rezone designed to be rezoned to C-G is an area that probably would have been rezoned in the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 /"~ future to a commercial zone. /'~ (c) The area included in the rezone application is intended to be developed in the fashion allowed in the new zones. (d ) There have been changes in~~ the area which tend to dictate that the property should be rezoned, and the property is designed to be developed in a fashion which comports with the existing development and the residential uses in the area. (e) That the property must be designed and constructed to be harmonious with the surrounding area. (f) The proposed uses should not be hazardous or disturbing to the existing or future uses of the neighborhood. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community . (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development as a veterinary clinic should not cause a significant increase in vehicular traffic. (k) That this rezone will not result in the destruction, loss or damage of 'any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. It is further concluded that the recommendations, comments, and requirements of the City Engineer, if submitted, shall be met and complied with. 7. The requirements of the Ada County Highway District, if submitted, and Nampa Meridian Irrigation District shall have to be complied with. 8. As a condition of rezoning, if there is room, the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 ~ ~ property shall meet the requirements of the Entryway standard of a 35 foot landscaped set back, which must be landscaped. 9. That it is concluded that the rezone is appropriate and should be granted. 10 That it is further concluded that the Applicant must, as a condition of rezone, look into whether or not irrigation water can be supplied by an irrigation district and a pressurized irrigation system installed that uses the irrigation water from the irrigation: district; if irrigation water from an irrigation district can not be used, that the Applicant shall look into supplying irrigation water from a well; it is further recommended to the City Council that if irrigation water from a district can be used that such water use be required as a cond"ition of rezone; that if irrigation water from an irrigation district cannot be used, that the Applicant be required to drill a well for its water for sprinkler use, as a condition of rezone.. It is further concluded that if irrigation water from an irrigation district is not available or if a well cannot be drilled to supply water for irrigation, that this paragraph not be a condition of the rezone. APPROVAL 4F FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER FINDINGS OF FACT .AND CONCLUSIONS OF LAW VOTED Page 7 COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) ~ i~,y~ / ~ VOTED '`-' -~`~ ~/ VOTED VOTED VOTED DECISION AND RECONII~IENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the Nampa Meridian Irrigation requirements, Ada County Highway District requirements, the Uniform Building Code, the fire and life safety codes, a-Hd-t-k ' -- - ~~, and other Ordinances of the City of Meridian; that the Applicant meet the requirements of paragraph 10 of the Conclusions regarding irrigation water; and that the Applicant meet the 35 foot landscaped Comprehensive Pla . MOTION: APPROVED• set back required under the Meridian DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Pale $ - HUB OFTREASURE VALLEY OFFICIALS A G©od Place to Live WILLIAM G.BERG,JR.,CityClerk City Treasurer GASS ICE L CITY OF MERIDIAN . . JAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, water Works supt. 33 EAST IDAHO JOHN T. SHAWCROFT, Waste Water Supt. IDAHO 83642 MERIDIAN KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Porce Chief , -phone (2(18) 888433 • FAX (208) 887813 WAVNE G. CROOKSTON, JR., Attorney public Works/Building Department (208) 887-2211 GRANT P. KINGS~'ORD Mayor n COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW ~E ~ E ~~~~ngTAdmsnistrator APR JIM JOHNSON 2 ~ CI~61~ • Planning & Zoning CITY OF ~~R~~=°~~~ TRANSMITTAL TO AGENCIES FOE CI OF MERIDIAN LOPMENT PROJECTS WITH TH To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: Ma 3 1994 TRANSMITTAL DATE: 4119/94 HEARING DATE: 5110/94 REQUEST: Rezone Re uest: LO to C-G and R-8 BY: BW Inc and Wa ne Stolfus LOCATION OF PROPERTY OR PROJECT: 1225 E. Fairview JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT ~ POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER 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 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RE TION(PRELI FINIAL PLAT) CITY FILES ~_ ~ . Q ~ ~/~- ~ ~~ YOUR CONCISE ,~ APR ?. ? 1`'~'~ • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., Clty Clerk CITY OF MERIDIAN JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer sauce o. sTUART, water works sect. 33 EAST IDAHO JOHN T. sHAwcaoFT, waste water s~vt. MERIDIAN, IDAHO 83642 KENNY W. BOWERS, Fire Chief W.L. "BILL" GOROON, Police chief Phone (208) 8884433 • FAX (208) 887-4813 WAYNE G. CROOKSTON, JR., Attorney public WorkslBuilding Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON I~q~ing ~ Zoning '~E~~.~`~:. APR 2 5 1~~4 TRANSMITTAL TO AGENCIES FOR C TY OF MERIDIAN LOPMENT PROJECTS WITH THE CI To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: Ma 3 1994 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5/10/94 REQUEST: Rezone Re uest: LO to C-G and R-8 BY: BW Inc and Wa ne Stolfus LOCATION OF PROPERTY OR PROJECT: 1225 E. Fairview JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ 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 RECLp,MATION(PRELIM 8 FINAL PLAT) CITY FILES , / ~~ _g (~ OTHER: `'~ YOUR CONCISE REMARKS: Sri ~~r+./ ~%`/'E j~tsas ,vt+t f-q~~z /~- r0 b ~u-w ly- f~ ~ 'IDn,J~ Lll'lh~ u¢. f c~nc GLENN J. RHOGES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: May 4, 1994 BW, INC & WAYNE STOLLFUS 250 S. BEECHWOOD SUITE 120 .BOISE ID 83709 FROM: Larry S ~e, S er r Develo nt SUBJECT: MERIDIAN REZONE LO to C-G AND R-8 /'~ 1~aY 1 l ~~~~ C~'1T~f ~F ~~~~~~~~ 1225 E FAIRVIEW Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on May 4, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. cc: Development Services Chron MERIDIAN CITY HALL LS ada county highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 f n -..., ., r,. ,. , -.,-, -, ,.-s GLENN J. RHODES, President _ ' ' ° ~- SHERRY R. HUGER, Vice President JAMES E. BRUCE, Secretary • i~~. ~UB.'i:~'C'!'.~e:~ic?.gar Re.zor,~ - ISO ~.o ^-G a;:3 R-8 1~:?5 E. .":~.~r~-.~~~~ iAppli.•:ant - AW, Inc. and Wayne Stoll.fus 250 S. ooechw~od, Suite i20, Boise, ID 83709} (Representative - Same) 'RELIMINARY ^rLAT - NflT FINAL Ut~TIL ?APPROVED BY 'z'LIE ACF~D COMMISSION ^z;rmS ~ Fi'~IDTNGS y . E-~, ~~:c . a~~d Wayne ::tol? fus are r?questing a reaone ofw sec-- ticn of Danbury Fair St~c'..ivisian located at 1225 E. F~:irvie~,~r from LO to C-G ~ P.-$. The commercial coning is requested or. a parc?1 :.arge enough to accommodate a proposed veterinary ciin- io :ouilding. R-8 coning is requested fer yhe balance of the parcel, 2 . GENERAL INFORI'~fATIOPd A!.RES - , 6 E~:IS'II?'G ZONING -• :~^ REQTJESTED Z02dI;~G -- Residential R-8 Commercial - C-G ESTIMATED VEHICLE TRIPS PER DAY - Depending upon,t:~e '?'RP.FFIC ANALYSIS ZONE - 269 L.F. OT FRO*iTAGE ON East Fairview: 80-fee MOST :RECENT TRAFFIC COUNTS - Date 6/16!93 FUNCTIONAL CLASSIFICATInN MAP DESIGNATION ADA r.OUNTY RIDGE-TO-RIVERS PATHi~A`~ PLAN - EXISTING RIGHT-OF-;SAY -- 100-feet REQUIRED RIGHT-OF-'r1AY - 114-feet (57-feet East Fairview is improved with 70-feet of t Vc?.ume 1S, 99b - Principal Arterial Route from centerline) paving IMPACT FEE FENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT -- Western Cities 3. The ACHD Capital Improvement Plan indicates chat Fairview is not approved for use of Road Impac~ Fee funds. to increase its ada county highway district 318 East 37th • Boise, Idaho 837 ^ 4 • Phone (208) 345-7680 ` ~ CENTRAL •• DISTRICT~H RetlJrn to: WHEAL ~~~~~~~ ^ ~g~ DEPARTMENT REVIEW SHEET APR 2 9 1~~4 ^ Garden City 7Z ~ C1'CY ~F ~~,y'w'pi`~~ ~eridian Rezone # L~ '~ ~ ^ Kuna Conditional Use # ^ ACZ Preliminary/FinaUShort Plat ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic knowledge as to the exact type of use must be provided before we can comment on 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 sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet 7. 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 ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Duality: ^ Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines ^ Central water 9. ^ 10. ^ 11. ^ 12. Street runoff is not to create a mosquito breeding probelm. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store ~' 13: ~'?ad2i`ll~~iZ /`l/f7//K2~-/t'1~iuf 5'~i4-// NAT ~~~ 2~ e: f//ri~'2 Q vy*u ry ~ c Cv M ~~ dJ S~~ ~ f~ C'Mor~ $ 7Y'YZ'~ T r~l S - ^ Child Care Center DATE: z-=~~Z~~ Reviewed by: CDHD 10-91 rcb HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A CsOOd Place t0 L1Ve RONALD R. TOLSMA MAX YERRINGTON WILLIAM G. BERG, JR., City Clerk CITY ~~ MERIDIAN WALT W MORROW JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer SHARI STILES BRUCE D. STUART, water works supt. 33 EAST IDAHO (~ ~~ & zoning Administrator JOHNT.SHAWCROFT,WasteWaterSupt. MEDIAN,IDAH083642 ~I;-~1!~~~~IMJOHNSON KENNY W. BOWERS. Fire Chief _ ~~~~ U W.L. "BILL" GORDON, Police Chief tteesL r Chairman • Planning 8 Zoning WAYNE G. CROOKSTON, JR., Attorne~~'~'~~ ~~ Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 ~ ~ ~~~ {~~~ ~11) QY - 2 ~~~*} GRANT P. KINGSFORD E Mayor NAMPA & MERIDIAN fi ^ :`~~ C~ ~~ t~~e:>i~I~YR~a {SRIGATION D{STRIC 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 8~ Zoning Commission, may we have your answer by: Ma 3 1994 TRANSMITTAL DATE: 4/19194 HEARING DATE: 5110/94 REQUEST: Rezone Re uest: LO to C-G and R-8 BY: BW Inc and Wa ne Stolfus LOCATION OF PROPERTY OR PROJECT: 1225 E. Fairview P2 JIM JOHNSON MERIDIAN SCHOOL DISTRICT , MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) MOE ALIDJANI, P2 ADA COUNTY HIGHWAY DISTRICT JIM SHEARER, P2 CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION P2 TIM HEPPER CENTRAL DISTRICT HEALTH , GRANT KINGSFORD, MAYOR _ C~NAMPA MERIDIAN IRRIGATION DISTRICT C1C RONALD TOLSMA I T I E , C/C BOB CORRIE FINAL PLAT) (PRELIM 8~ CO OWER DAHO , C/C WALT MORROW U.S. WEST(PRELIM & FINAL PLAT) , C/C MAX YERRINGTON INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) , WATER DEPARTMENT 9U~tEAU GF RECLAMATION(PRcLIM ~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: Nam a & Meridian Irrigation District's YOUR CONCISE REMARKS: P FIRE DEPARTMENT POLICE DEPARTMENT Jackson Drain courses through the east and north CITY ATTORNEY portions of this proiect The right-of-way of the Jackson CITY ENGINEER Drain is 60 feet • 30 feet from the center each way. CITY PLANNER See Idaho Code 42-1208--RIGHT - - TO ADVERSE POSSESSION The develo uer must contact Tnl~n enrlarcnn or Bill Hanson at 466-0663 hr-of-c=av nccttrs. This e of r, n h or 345 2431 for annroval before an g a g v encroachmPnr or c l,rat,.^.n !1° f,larl for review lnnmPnr a i D / Distr;nt requires th^t_ L^nd LT~e ~ eve S Ch anQe Mnor at 'ib'3- 1 RRQ nr l~hh-7Rh 1 for f„rrhPr ; nfnrmation. >7 prior to final 1 i n Cnn art nnna tained All 1 on site If any surface rainage Nampa & Meridian Irrigation District must leaves the site, review draina a /ans. It is recommended that irri anon water be made available to all developments within this District. O ~~'~~~ Bill Henson, Foreman, Nampa & Meridian Irrigation District ~. n MERIDIAN PLANNING & ZONING COMMISSION MEETING: June 14 1994 APPLICANT: BW INC. AND WAYNE STOLFUS AGENDA ITEM NUMBER: 9 REQUEST: FINDINGS OF FACT AND CONCLUSIONS" OF LAW FOR REZONE REQUEST AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDNGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING 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: n /'~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BW. INC. REZONE APPLICATION 1225 E. FAIRVIEW FROM LIMITED OFFICE (L-O) TO C-G AND R-8 MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing May 10, 1994, at the hour of 7:30 o'clock p.m., the Petitioner, appearing through its representative, Dan Torfin. The Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 10, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 10, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That this property is located within the City of Meridian and is owned by the Applicant. The property is described in the application which description is incorporated herein; that the property is presently zoned L-O Residential; the area surrounding FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 n n is a mix of commercial and residential use properties. 3. That the request to rezone is to rezone the northerly 135 feet south of Fairview Avenue as General Retail and Service Commercial, for use as a veterinary clinic, and the balance of the remaining L-O property to R-8 to be made a part of the adjacent Danbury Fair Subdivision. 4. That this zone change request complies with the Meridian Comprehensive Plan and development objectives in this portion of the City. 5. That the C-G District is described in the Zoning Ordinance, 11-2-408 B 11. as follows: (C-G) 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. and the R-8 District is described in Section 11-2-408 B 4. as follows: R-8) Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 6. That the Applicants representative stated that the FINDINGS OF FACT AND CONCLUSIONS OF LAW page 2 ortion was going to be property was 3/4 of an acre, that the north p inic, that the south portion would be included into a veterinary cl this ur Fair Subdivision, that Jackson Drain was not on Danb y t and is tiled in the area, there was 80 feet of fron age, proper y that t there would be landscaping including perimeter fencing, tha would be no outside kennels and that it was not a boarding there facility. ~. That the veterinarian, Mike Peterson testified that there inside the would be some boarding of small animals but only of animal. building and that there would be no outside boarding she was that g. That Bernadine Morgan testified stating rotection concerned about outside kennels and that she desired p lace. from the construction that would take p Meridian 9. That the Nampa & Meridian Irrigation District, artment, Central District Fire Department, Meridian Police Dep De artment, and the Meridian Planning Director submitted gealth P ents which are incorporated herein as if set forth in full, comm , that the Irrigation District commented that all lateral and was e s must be protected; that municipal drainage must. be retained on way ' e• and that irrigation water be made available to t e sit , development. 10. That the Meridian Planning Director commented that rezone that th is consistent with the goals of the Comprehensive Plan, eterinary clinic would provide a good buffer from Fairview Avenue v and with landscaping required along Fairview Avenue ndsca ing/screening next to adjacent residential area, any la P Page 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW onve ance/drainage structures will need to be tiled, irrigation c Y Drain must remain open, and that coordination with the Jackson 'dian Irrigation District to possibly allow a bike/walking Nampa-Merl ed along the drain. path is encourag That the property is located on Fairview Avenue which is 11. the desi nated an Entryway Corridor in the Comprehensive Plan; g statement: Entryway Corridors Goal Statement includes the following 4.4U Encourage 35-foot landscaped setbacks uo re/neaw development on entrance co t iaorroval,e landscaping ealong all a condition of developmen PP entrance corridors. 12. That there have been recent commercial additions along Fairview Avenue. 13. That Section 11-9-605 G 1. states as follows: uired to be placed next to "Planting strips shall be req g Y railroads, commercial incompatible features such as hi hwa s, or industrial uses to screen 1 be a minimum of twenty feet properties. Such screening shal 20~) wide, and shall not be a part of the normal street right of way or utility easement." 14. That Section 11-9-605 H 2. states as follows: "Existing natural features whicr Ctipenessu oft theecommunity development and enhance the att historic spots and similar (such as trees, watercourses, irreplaceable amenities) shall be preserved in the design o the subdivision; 15. That Section 11-6-606 B 14, requires pressurized irrigation. law and 16. That proper notice has been given as required by all rocedures before the Planning and Zoning Commission have been P followed. CONCLUSIONS Page 4 FINDINGS OF FACT AND CONCLUSIONS OF LAW n 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning. amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a ) The new zoning n ~ ve bPlanrmand uno i ComprehensiverdPlan with the Comprehe amendment is required. (b) The area includedrobabl would havegbeen rezoned in the C-G is an area that p Y Page 5 FINDINGS OF FACT AND CONCLUSIONS OF LAW future to a commercial zone. n (c) The area included in the rezone application is intended to be developed in the fashion allowed in the new zones. (d ) There have been changes in the area which tend to dictate that the property should be rezoned, and the property is designed to be developed in a fashion which comports with the existing development and the residential uses in the area. (e) That the property must be designed and constructed to be harmonious with the surrounding area. (f) The proposed uses should not be hazardous or disturbing to the existing or future uses of the neighborhood. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional. requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community . (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development as a veterinary clinic should not cause a significant increase in vehicular traffic. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. It is further concluded that the recommendations, comments, and requirements of the City Engineer, if submitted, shall be met and complied with. 7. The requirements of the Ada County Highway District, if submitted, and Nampa Meridian Irrigation District shall have to be complied with. 8. As a condition of rezoning, if there is room, the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 n property shall meet the requirements of the Entryway standard of a 35 foot landscaped set back, which must be landscaped. 9. That it is concluded that the rezone is appropriate and should be granted. 10 That it is further concluded that the Applicant must, as a condition of rezone, look into whether or not irrigation water can be supplied by an irrigation district and a pressurized irrigation system installed that uses the irrigation water from the irrigation district; if irrigation water from an irrigation district can not be used, that the Applicant shall look into supplying irrigation water from a well; it is further recommended to the City Council that if irrigation water from a district can be used that such water use be required as a condition of rezone; that if irrigation water from an irrigation district cannot be used, that the Applicant be required to drill a well for its water for sprinkler use, as a condition of rezone. It is further concluded that if irrigation water from an irrigation district is not available or if a well cannot be drilled to supply water for irrigation, that this paragraph not be a condition of the rezone. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER FINDINGS OF FACT AND CONCLUSIONS OF LAW VOTED Page 7 COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED DECISION AND gECONQ~ENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the Nampa Meridian Irrigation requirements, Ada County Highway District requirements, the Uniform Building Code, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian; that the Applicant meet the requirements of paragraph 10 of the Conclusions regarding irrigation water; and that the Applicant meet the 35 foot landscaped set back required under the Meridian Comprehensive Plan. MOTION: APPROVED: DISAPPROVED: Page 8 FINDINGS OF FACT AND CONCLUSIONS OF LAW