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Memorial Pet Cemetery CUP 00-030r"1 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on June 13, 2000 for the purpose of reviewing and considering the application of Larry Eld, DVM for a conditional use permit for a proposed pet cemetery to the existing pet care operation located at the Meridian Business Park, 654 E. King Street. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 19th day of May, 2000. :~ Goo`s ~~~"~ "~`'' ~'~ O '~~ _ _f~ ~ p~~ e~ t~ R~~ ~~ \~~ PUBLISH May 26 and~'~d~.~tt° T .v . `~~~,y``~ ILLIAM G. BERG, J ., C Y CLERK ...,_ ~ ', ~. s 3 ~+ LL r n V i O O Z r ~' `/ 3. G Cfl C O N z D U W > o ~ ~ ~. _ __ o ~ i ' ~ -- ~ M -- -- i III - ~ ~ - - II - - i i i ~ it L -_ I ---'-___ ' O O ch ,~-•~ ,~ HUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 • Fax 288-2501 Robert °- ~°'-T1e CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT 33 EAST IDAHO (208) 887-2211 • Pax 887-1297 Ron Anderson MERIDIAN, IDAHO 83642 Keith Bird ~Zpg~ ggg_4433 • Fax (208) 887-4813 PLANNING AND ZONING T Tammy deWeerd City Clerk Office Fax (208) 885-4218 DEPARTMEN ~208~ gg4-5533 • Fax 888-6854 Cherie McCandless TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2 2000 TRANSMITTAL DATE: May 9 2000 HEARING DATE: June 13, 2000 FILE NUMBER: CUP-00-030 REQUEST: Pet Cemete BY: Memorial Pet Care - Lar Eld DVM LOCATION OF PROPERTY OR PROJECT: Meridian Business Park----654 E. King Street - SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORN EY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ,.~_~ CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT R~cE~D ~zs ~c ~ 1 L E ~, CuP - oo -030 ,I GENERAL LOCATION: /, ~ 1 ~ ,/mil ~ r<</r4~ bu ~ r L, p s ~' ~ r ~ DESCRIPTION OF PROPOSED CONDITIONAL USE: 2 ~~ H? Y Td ~ y/ ZONING CLASSIFICATION:_ T - L. I certify that the inforn~ation contained herein is true and correct. ~_ ~ 'gnature of 'cant Social Sec Numbers p - yo .- ~ i ~/ LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on ~ _.m CONDITIONAL USE PERMIT submitted by the property generally described as located at The purpose of the Hearing is to consider a for _, TO SUBDIVISION, BLOCK ,LOT ~.i1~er~z~ ~ia~ ~e~ ~a ~e (208) 887-7669 Fax (208) 898-9234 "!~~e date „ Date: April 19, 2000 To: Meridian Planning and Zoning 200 E. Carlton Ave Meridian, Idaho 83642 Re: Pet Cemetery Memorial Pet Care has been in operation since 1985. I have been operating a pet cremation service on Lot 16, Block 2, Meridian Business Park since 1994. In 1998, we expanded the facility with an addition to the building and by adding one more crematory. We have had requests for pet burial rather than cremation. Since there are no pet cemeteries in the Treasure Valley, there is a real need for a pet cemetery for those pet owners who do not want cremation. I am petitioning Meridian to allow me to create a pet cemetery on Lot 16, Block 2, of Meridian Business Park. There is a definite need for a pet cemetery. This cemetery will be on a well kept lawn with landscaping. The grave markers will be flat with the lawn surface. All animals will be buried in a plastic sealed container or a comparable casket. The cemetery will be aesthetically pleasing. It will not create any adverse pollution, sewer, or traffic problems. This cemetery would be an asset to Meridian. It will also be located close to the present Meridian Human Cemetery. The lawn, trees and shrubs are watered by an underground automatic sprinkler system supplied by a well already in existance on the property. Your cooperation in this project is greatly appreciated. Sincerely, ~ C"~ ~ cam""" "~ ~, ;~.. ~'~ Larry A. Eld, DVM LAE/da `~ ~ c~c ~ rn~ rcpcc~ ~1 1a~ ~cuu~~t~~ ~~1 a~izi~~c~~2ieycc~" 654 E. King Street Meridian, Idaho 83642 P.O. Box 1279 Meridian, Idaho 83680 ,--.., ~~~emQ~ticc~ ~e~ ~Pa ~e (208)887-7669 Fax (208)898-9234 «:~~e ~(~'(X't(' n April 26, 2000 City of Meridian Planning and Zoning Department Re: Conditional Use Permit In regards to the above requested permit, I, Larry A. Eld, do agree to pay any additional sewer, water or trash fees or charges if any. I have read the contents of the application and verify that the information therein is true and correct. I further affirm that I will post the property 1 week before the hearing, stating that I have applied for a Conditional Use Permit. Sincerely, ,,~.~.. Larry A. Eld; DVM LAE/da 654 E. King Street Meridian, Idaho 83642 P.O. Box 1279 Meridian, Idaho 83680 ,1I IV r-'~a~-~ ~~T C~ti~t~y S 1 TE P~-~ O J I I i ~ /I I ~ ~ ~ I I' I ~ V I ', I ~ I I ~ ~ ~ '' ~~ I I ~ J Q I ~ n I ~~ ,bl Z8 M „ll,l£.00 S _~ V~ ~, 8~ V I LL ~ I I r , ~ I 3 ~ I ~L3J --J ~ ~; ~ ~ ~ I ~~ o , ~, ~ a ... I I I ~ ~ II I ~ ~ ~ ~- 1 I i i I I ~ ~. I I I I I I I I } I III I I~ I~p ~ N I W~ ~~ I_ I y l O I O yl ~ VI I~ I .~ INX ~6~ 1 / ' 1 Y11 r~ ~ N 1 i 1 I 1 I i ~~ -~ .- __ _. - . ~ - - - -I i i r (,f ~l ~- I i ~i S ~~ I I i ~ ~ I ~i I V ~ p~ ~ Q ~ ~ ~ N ~ I ~ Y cn ~~ ~~ O J Z~ I m Cn ~ I ~ ~ m I ~ m ~- Q ~ o w I ~ 1 cD 1 ~ '3 o ~ o ~I I ~ ~ ~ ~ ~ ~ ~ ~ I ~ ~ ~~ d. I z _r~_ 4 ~ I I . ~ --~ I ~ I I I ~, ~ ~ i ~` I I ~ I i I ~ ig I I i ~ I I I ~ `I i ~ I I ~ ~~ 'I ~ ~ ~ ~ ~ i - i I ~ nl I i I ~ i I ~ I ~ I ~ ~ ~ I I ~ I ~ rt I 1 0 ~ I I ~ 'x I ----- ~/ w - I I `-V I 1 }V I R.I RPR-24-2000 08 06 COSHO HI~MPHREY 20~ ~~@ X290 P.01~01 .~ ^. COSI~O, ~lUMPHREY, GREENER 1~ WELSH, Y.A. COUNSELORS AND ATTORNEYS AT LAW CARNEGIE BUILDING 815 WEST WASHINGTON STREET BOISE, IDAHO 82702 OFFICE ADYINLSTRAtOR KRISTiNE 1HOMSEN THOMAS G. WALKER iELEt~HONEi208j3$4-78ii AtFA• FIRM FACSIMILE (208) 3383290 AMERICAN LAW FlAY v+ ULJA ~ V f r R4 jl~l!!S 6 ~..~**~~q '®S?s ° S S<< essnt~Anow EMdIL tawAfkrsa?ch~au ~nm r~iprii 4+, c~.vvv Vin Fnx To: 848-9234 Dr. Larry A. Eld, D.V.M. 11085 West Thomas Drive Boise, ID 83709 Rru: Pct Cemetery CHGW File No. 14302-001 Dear L~ury: As requested I checked the Idaho Code and Idaho judicial decisions regarding pet cemeteries. I did not find any law at all dealing with the establishment, maintenance or operation of pet or animal cemeteries. 1 did not check the Ada County or Boise City zoning ordinanceti. It would probably be more economical for you to call those toning departments to determine if there are any applicable restrictions. Let me know if you would like us to follow up with regard to the 'toning ordinances. Very /~ tf'L. 'IAS G. WeLIrFR H:1E~Eid, Larry\Cv~rcSQondence~Client\Clirnt 0424-00 TGW.doc TOTRL P.01 WARRANTY DEED For Value Received Meridian Industrial Park, an Idaho General Partnership ~-~~~~ The grantor , do es hereby grant, bargain, sell and convey unto Larry A. Eld and Arlene B. Eld, Husband and Wife the grantees ,whose current address is 11085 Thomas Dr . , Boise, Idaho 83709 the following described premises, in Ada County Idaho, to-wit: See Exhibit A ~' ~ "7231 . sECURirY rfrc.,v RECORDC<i ~ ~ ';,~~Y ~ '93 SEP 17 P(~~~28 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , their heirs and assigns forever. And the said Grantor do es hereby covenant to and with the said Grantees ,that they the owners in fee simple of said premises; that they are free from all incumbrances subject to current year taxes and assessments, and conditions, covenants, easements, rights-of-way and restrictions apparent or of record. and that they will warrant and defend the same from all lawful claims whatsoever. Dated: Se tember 17, 1993 Meridian Indust ial rk STATE OF IDAHO COUNTY OF Ada On this 17~h _ day of September in the year 1993 personally appeared before me, Denice B Thornrn Winston H. Moore , known to me to be s ~ ~~sescr+++++~, ~~~~ ~ , ~ H Q~ ~~h person whose name is subscribed to the within instrument, ~~Q,~~G~'ps••••.o•~j~'j, the general partner of Meridian Industrial Park, a partne `:"~'o•~nTA.P~",e~ ~~ and acknowledged to me that _he_ executed the snme as sCctf ; G r m •. ~. °4 the genderal partner of Meridian Industrial Park, a partnef.¢~p ••.•...• 9F` ~~I++~ ~ ~ ~ ly f~yrM +++t U+eee~e ~ I i ~ ~ ~- ~ / '~ Comm. Exp,: 7-22-98 ~ Notary Public - ~ ---- Ta,r,,, [' SECURITY UIV~hI~I Title Insurance Company POLICY OF TITLE INSURANCE 13 0018 60 001704 SECURITY UNION TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, SECURITY UNION TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of date of policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title. 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. Issued by: SL'/UKITY TITLE COMPANY OF IDAHO 317 N. Ninth - P. 0. Box 2698 Boise, Idaho 83701- 2698 (208) 343 - 3667 Fax No (208) 343 - 7324 ........................g..... ........... Authorized Si natu e ALTA OWNER'S POLICY (4-6-90) SECURITY UNION TITLE INSURANCE COMPANY By: ~~j ~, ~'~ ~~i'`~~C.~G . ~~._ ~~ ~, ' President ~~ '~ Secretary Reorder Form No 12603 04dVIIZS POLICY SC~UI~ A File No.: 128967 Policy Ntimibex: 13001860001704 AmrxuZt of IrLSVranoe: $27,500.00 Date of Policy: September 17, 1993 at 4:28 P.M. 1. Name of Insured: Larry A. Eld and Arlene B. Eld Premium Atmunt: $258.00 2. The estate or interest in the land which is covered by this Policy is: Fee Simple 3. Title to the estate or interest in the larxi is vested in: Larry A. Eld and Arlene B. Eld, Husbarxi and Wife 4. The lard referred to in this Policy is described as follows: A paroel of land being a portion of Block 2 of MERIDIAN BUSINE'S.S AMID II~JSTRTAr, PARK, a subdivision, as filed for record in Ada County, Idaho, which paraP-1 is more particularly described as follows: Catmer~cing at the Northwest eornex of said Block 2, said point being oannoci to East 5th Avenue, Bower Street, and said Block 2; theryoe South 89°32'46" East 347.72 feet to a point; thexx~e North 00° 29' 06" East 41.77 feet to a point; therx~e South 89°33'57" East 33.00 feet to a point; thence North 00°29'06" East 164.38 feet to a point; ther~oe South 88°29'01" East 546.78 feet along the Northerly botuydary of said Block 2 to a point; tY~.ryoe South 00°31'11" West 291.68 feet to a point, said point beirx3 the REAL POINT OF BDGINNING: thence South 00°31'11" West 82.14 feet to a point; tt~nae North 89°50'10" West 265.17 feet to a point; thence North 00°31'11" East 82.14 feet to point; therr~e South 89°50'10" East 265.17 feet to the POINT OF BEGINNING. This Policy valid oaZly if Schedule B is attached. 04~..RS POLICY SC~~[JI.E B (Standard Coverage) File No.: 128967 Policy No.: 13001860001704 E~TIO~]S FROM COR7IItAiGE This policy does not insure agair~.st loss or damage (and the Company will riot pay costs, attorneys' fees or expenses) which arise by reason of: General Ftions: (1) Rights or claims of parties in possession not shown by the public records. (2) EncroactYnents, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises in- cluding, but not limited to, insufficient or impaired access or matters con- tradictory to arty survey Plat shun by the public records. (3) Easements, or claims of easements, not shown by the public records. (4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shoFm by the public records. (5) (a)Unpatented mining claims; (b)reservatioa~s or exceptions in patents or in acts authorizing the issuarx~e thereof; (c)water rights, claims or title to water, whether or not the matters excepted urx3er (a), (b) or (c) are shown by the public records. (6) Taxes or special assessments which are not shown as existing liens by the recorrLs of any taxing authority that levies taxes or assessments on real property or by the public records. Prnoeedings by a public agPx~cy which may result in taxes or assessments, or notices of such proeeed.ings, whether or not shown on the records of such agP.ncy or by the public records. Special Exceptions: 1, Gex~.ral taxes as exterried on the regular tax roll for the year 1993, which are a lien not yet due or payable. 2. Special assessments arxi sewerage charges, for the City of Meridian, for which we make no eertificatiori. 3. Liens arr3 amts of the Nampa-Meridian Irrigation District, and the rights and powers of said district as by law provided. 4. Power line easement as granted by Joseph Hown, a widower to Idaho-0ts~oaz Light and Power Ca~any, a corporation, by instrument reoorrled November 2, 1909, in Book 78 of Deeds at Page 501, of Official Records; including the right from time to time to cut, trim, and remove trees, brush, overhanging branches and other obstxuctiorLS which may injure or interfere with the Grantee's use, occupation, or enjoyment of this easement and the operation, mainter~arrce and repair of Grantee's electrical system. Affects: the SW1/4 SE1/4 Section 7, T.3 N., R.lE.,B.M. (Continued) ^-• 04rNaZS POLICY '~`' SQ-~UI,E B File No.: 128967 Policy No. 13001860001704 E~'PIONS FROri C047ER~GE (Contirn~ed) Special Ftions (Contirnued) 5. The effect of Non-Developmental Agreement dated April 24, 1986, recorded April 30, 1986 as InstnunP.nt No. 8622210, records of Ada County, Idaho, between Meridian Industrial Park, an Idaho General. Partnership and the Ada County Highway District. 6. Fasetnents as shown on the official plat arxi restriction in the dedication of said plat as follows: "The easements indicated on said plat are not dedicated to the public, but the right to use said easements is hereby reserved for public utilities and for arty other uses as designated hereon, and, no perntianent structures are to be erected within the lines of said easements." 7. Any rights, interests, or claims which may exist or arise by reason of the following facts shown as Notes on the Plat of said subdivision as follows: A. Building setback in this subdivision shall be in compliance with the Applicable Zoning Regulations of the City of Meridian. B. East 5th Avenue, King Street and Baltic Place have a 5 foot wide street and a 10' wide public utilities, drainage arxi irrigation easement on both sides of the 50 foot wide dedicated street right-of-way. C. Side arxi rear lot lines of future designated lots shall have a 10 foot wide public utilities, drain and irrigation .nt unless otherwise rx~ted. D. Hunter lateral has a 40' centered usage, access and maintenance easement. E. Block 1 and 2 adjacent to Bawer Street ar~d Blocks 1, 2 and 3 adjacent to Franklin Road have a 10' wide public utilities, drainage arr3 irrigation easement. F. Vehicular access for lots along Franklin Road arxi Bawer Street shall be restricted to interior streets unless otherwise approved by the Ada County Highway District Traffic Engineer. Access to Block 3 from Franklin Read shall be as shown on Drawing No. C13030-1 Sheet 2 on File at the office of the Ada County Highway District. 8. Covenants, conditions arxi restrictions as set forth in the doca.unent Recorded: November 20, 1981 Instnunent No.: 8149625 of Official RecorrLs 9. The effect of Declaration of AcaPSS Easement, dated November 14, 1989, recorded November 22, 1989 as InstnunP.nt No. 8958600 by Meridian Industrial Park. Art~xled and restated Declaration of Access Easement recorded September 17, 1993 as Instrument No. 9377230 of Official Records. 10. Record of Survey #1351, recorded December 20, 1988 as Instxtunent No. 8862199 of Official Records. END OF SC~ID~IJL,E B l-~ j-~: _--~ _-_ - _ I_ ~_ - -- - - - - .._._ . I --- I ~DI~7I9~o5~bk~N -~~_____ ~~~ ~ I - - ~ I O~IO7J25500 A h1;~~°oD'E D ~~ ~ I I I aD ADDIT ~w~ ~ ---.~ .-. ~ ~ ~~ _B_D_ V I S I O T o° a ~;\ ~r I I 85512070771 ~\ ~` ~ ~ \ v 85677020111 r I NiER ID IA N ~ `\ I ' N~S~ ~~ m', 85671020202 ~~ \ j ~~~ ~ `\~~ ? ~ I 7~n stn` ~ CZ L I ~ Z ~.\ ~ ~~ \, c, ~ \\ ~, ~ .AND 1 ~,\ I } - \ f - - - - -- - -KiiJO- - - - - - - - - TREE-T - - - - - - - - RSo 77020100 J I \ . I \ ~NDUSTPIAL F RK R5671010J00 \~ 1\ `~~ i ~\ ! ... -~R ~~ td I<ttN , r UNION PACIFIC RAIL ROAD ~~ I ' ~~ryr --. rr~.,~ <<,.,,. ~~~~ ~, ,,.r~ ~. ,,.<o z d ~ .~,rr SS « E vo - . , . ~ ,~._,, r< ~ ( r.~ C.• ,~, f • E oc .oc - ., r "' E ~ 4~ f ~ ~ Oo ~ N I F N 0' 71' I I" F 100E 11' ~ ~C - iP m O m N ~ ~ .o ~ vol ~i' ~ I I ,~] 2~ / j m O~ j~ fD Z A O O - I •, 3 ~ m a3 -~ -o- ' ~ ~ g >bL CS to m c~mm c v d 7 Cmq `. N~ ~~ l a w m ro ~ ~ V "' , ~' X 04 z} m ~~ m 9 C O N m m C ~ 0 to y m O m m ~ n ~ 7 M .. ~ '~ - - _._ S iB 1 0 - - ~G p ~ ~ G ~ _- _ .-: -_.. ~-. ~+ a' )~ ~~ F7,. EASf S iFl AVENUE - T.-_._.. -_ ,~ .. _. ____.. . - ll iv -_ __ - _-_- ._ _ u o a ~ ~ o vn ra o 1_ ess es' -- rvr ----,.. -.._- _.. _L_Y. • X55 l3 '~. V ~~E p^~ G a m l ~ O ~ O 1 b1' ~ ld C• m ~~ N ~ O u ~ o ~ ~'<n LC ~0 .0 p ~ 7 ~E O~~ o so y m• ~ D L y r ~ m b p 0 L ~ ~ D ~ m N T ~ ,_ c 4 bb ~:~ G _ Z o v' ~ rn o ~ v v4 < _ E t V u P VW o N - A ~ Z ~ .• 11 ~'IG LO ~'~170 a'F.- Imo. N. P. ~ _ ~ lN,~. ,t - N .t m Ov V P ~ `~ ~ Q ° I ~ _ V ° D ~~ I a D c Z c D O - _ ~ _ loon l / I ; o l ~ - _ Z ~ I to n 'r ~ ~ O Z ^ o o ~ ~ Z D N m ~ ~ ~DmvE 0 I c ~n n~ o ~ ~O ! ~ ~2 C _ P ~ ° P Z_o < ° D a ~ ~ N 0 m _ ~ Q y O MCI _ u O rn Z y; ~ - T O ° ti nC'1~55E I I~ O ~ D ! so oc~ ~ Z ). /~ ~ V1 i ! z A D y o I I v , _a m p CI ~ ~ ~ Z ~"'I Sr O _ n ~ ~ ~ r __ 57171' ° r- ,~ VIl) p _ ti ~_ ,o SO•]i o."w e.l v7 ~AITIC RACE --- -.__.. _.._--.__----__.-_ f r- ~, ~ So')~orw 715 of '~ ~,,, =1 1- _ o I I v x _ ~ ti s _~ w ~ ~ ~ E u ~! r `~ o ~ c t "~ I In '" e ~.' I i S 0')1'0" W X71. ~~' noo .oo,i~o«., r~+ ~e ~ o ~ - is ~NG~..~r. P O p yy.. P O ~~~ Erc~~o« <oa «rr .a«o - w ww~• •.o ~r r ee ^' .;ONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowl- edge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart construc- tive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improve- ments affixed Thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but noth- ing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land. or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) incase of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or dam- age for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shalt in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options con- tained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph. it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prose- cute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or pro- ceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company maybe necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obliga- tion to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Condi- tions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obliga- tion to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reason- abletimes and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any autho- rized representative of the Company, the insured claimant shall gram its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspon- denceand memoranda in the custody or control of a third party which reason- ably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reason- ably requested information or grant permission to secure reasonably neces- sary information from third parties as required in this paragraph shall termi- nate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or con- tinue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the "`ions provided for in paragraphs (b)(i) or (ii), the Company's obligations to insured under this policy for the claimed loss or damage, other than the payments required to be made. shall terminate, including any liability or obligation to defend, prose- cute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this. policy shall not exceed the least of (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses mcurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or dam- ageuntil there has been a final determination by a court of competent jurisdic- tion, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter ex- ecuted by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shalt be furnished to the satisfaction of the Company. (b) When liability and the ex"^of loss or damage has been definitely fixed in accordance with these Co. ins and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and reme- dies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as staled above. that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indem- nities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subroga- tion rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connec- tionwith its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1.000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitra- tion pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained trom the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany. Ininterpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at the issuing office or to: Security Union Title Insurance Company Claims Department P.O. Box 2233 Los Angeles, California 90051 .,____ _- ... City of Meridian Conditional Use Permit Application Checklist Date: ~l a$1 ~~ Applicant: ~ ^ : ~^ ~ c -ri - ~ ~ p p ~ w w ^ 0~2Y tGL~t1.~' ~115~~'0'O ~,.~G Project: Item Description Comments V No. 1. A licant contact information ~ 2, pro owner contact information 3. Le al descri tion ~ 4.a. Warran deed recorded ~ 4.b. Notarized consent of ro owner ~ 5. Descri tion of exist' use uildin use ~ 6. Present use of ro other land use ~ 7. Pro sed use of ro 8. 9 Zone of ro V icinit tna - 30 co ies referred scale 1 "=300' ,/ / . 10. Site lan scale of not less than 1"=50' - 35 copies ~ 10.a. Buildin locations ~ n,o ~~ 10.b. Park' and loadin areas ~ 10.c. Traffic access drives ~ 10.d. Traffic circulation atterns ~ 10.e. O n/common aces . ~o.•~aSCP~P"^t 10.f. Landsca lan 10. Refuse & service areas ~-- 10.h. Utilities lan, includin - Sewer -Water ~/ tx - Irri ation - Storm drains a location, overall dimensions -elevations e (number Si ~~:~ / ~~~~ 10.i. , gnag re erred, not re uired ~ 10 ' 8'h" x l 1" co of site lan _ . . 10.k. Buildin elevations ront, rear and sides ded on elevations drerwin l 10.1. u Construction materials m be inc 11. Surround' ro mailin addresses that make conditional use desirable ~ 12. Characteristics of ro 13. A lication and mailin fee / 14. Additional services statement ~ 15. A lication verification statement ~ 16. Postin of ro affidavit C.~P&Zadmin~CtJPC ~ b~~~w'° Io.nlAiv~oy/~ s~ ^, ~' ~~ _~~ Z n ~~ m , o n; Z C D (~© ~m ~_ 0 -- O ~ z o ~ ~ v ~ ~ ~ ~ N 3 N W ~ ~, N m ~ ~ Z i ~ a ~ ' O ~• D C N S W~ a `~ m ao n ~ o a ~ ~' c a ~ ° c ti Q N n = D y n o , ^ v ' ZJ C) m d n z ~ ~~ S N ~ P w~ ~ a I .~, m ~, ~ o o ~ -~ D ~ v, D X t~l~ ~ ~ r D 0 o' [' o ~ s - - - -- -- -- -- -- - -- -- ` ~ ~ T _n 2 ~ Q. ~aai'w° 0 ~ ~ m ~ 'Tf s~~ ~~ ~ ~ wo ~~ m w ° < ~ ~ ~v _D z __ _ .~ ,• .. .. ,: ~ •~ ELD ENTERPRISES 8 4 2 5 Larr A. Eld DVM FIRST SECURITY BANK, N.A. y ~ t-208-393-4200 654 E. KING STREET • P.O. BOX 1279 92-s i i2ai ss CHECK MERIDIAN, IDAHO 83680 NUMBER (208) 887-7669 CHECK DATE 042600 I ~pqY Two hundred eighty three and 65/100 ************************ $283.65 TO THE ORDER City of Meridian OF s u^03,B4Z511' ~:L24L00064~:003 03523 L411' ~ - -- -~ ~ ---1~ ~------ _.. I --- --__- - ----- ~' o ~ __---i-- - -- ---- 'III II i~ w --- o ~,, "~ !o ~~ _~~~~ ,~'I o ~~ , o ~i~l ~ _ - --~ i, hill _ ~~~ - m ~, ~ __~ ° - -- --- -- ------ - - I ~ ---- N _ O O -= C'. o ~~ o ----- - T I ~ ~D ~ ~ -- ~ -- --- -- I ~ '~ -- ~ ~~ -- I I _-_T J T ___...._-__.__ _-.__.. ...... w 0 0 G ~ I~ ___l m ~- - s ~7 <m nr _~ Z_ --~ ~ ~m D ~~ z G7 W ~o 'o w 0 !o rn ~o i ~, -- -- ~ ~ ~~~ ~~ s ~~ ,o .o - =- ,, N ' O O ~' 0 0 ----~ m "~ <rn C7 ~ z• ~~ ~m D ~~ z LARRY ELD - 654 E. KING ST. PROPERTY OWNERS WITHIN 300' HANDY WAREHOUSING PO BOX 300 PAUL ID 83347-0300 630 E KING ST VALLA CAROLYN J HC 66 BOX 23 ISLAND PARK ID 83429-0000 710EKINGST MERIDIAN INDUSTRIAL PARK PO BOX 8204 BOISE ID 83707-2204 281 N BALTIC PL 279 N BALTIC PL 654 E KING ST 670 E KING ST 742 E KING ST 760 E KING ST 810EKINGST 854 E KING ST 655 E KING ST 743 E KING ST 767 E KING ST EISELE RODERICK W & EISELE SHERRIE M 654 N EDGEWOOD EAGLE ID 83616-0000 265 N BALTIC PL THOMAS MANAGEMENT CORPORATION 640 E FRANKLIN RD MERIDIAN ID 83642-2938 677 E KING ST 701 E KING ST n ,. i ;. •~•, ~ CITY CLERK FILE CHECKLIST Project Name: f~lemG~r( pet' C'a~P File No. C'f!~~' ~~ .- 03Q Date Received from Planning and Zoning Department: Planning and Zoning Level: ^ Transmittals to agencies and others: ^ Notice to newspaper with publish dates: Hearing Date: and ^ Cerfifieds to property owners: ^ Planning and Zoning Commission Recommendation Notes: ^ Approve ^ Deny City Council level: ~~~yy Transmittals to agencies and others: ~l'~1 Notice to newspaper with publish dates L.~ Cerfifieds to property owners: ^ City Council Action: Hearing Date: %/jl/Q© G~. and f'1•G~ ^ Approve ^ Deny ^ Findings /Conclusions /Order received from attorney on: Findings /Conclusions /larder: ^ Approved by Council: _ ^ Copies Disbursed: ^ Findings Recorded Development Agreement: ^ Sent for signatures: ^ Signed by all parties: ^ Approved by Council: ^ Recorded: ^ Copies Disbursed: Resolution No. ^ Recorded: Deadline: 10 days ^ Published in newspaper Ordinance No. ^ Approved by Council: Copies Disbursed: Notes: ~~ ~ C~~']ol' l~~t'l- l ~ ~ "J / `~- 7-~ ,vtQ~, Resolutions: Original Res /Copy Cert: Minutebook Copy Res /Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res /Original Cert: Ada County (CPAs) Applicant (non-CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. Sterling Codifiers City Attorney City Engineer City Planner Project file Applicant (if appl.) Findings /Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney "Record Vacation Findings'" Recorded Development Agreements: Original:Fireproot File Copies to:Applicant Project file City Engineer City Planner City Attorney June 9, 2000 MERIDIAN PLANNING & ZONING MEETING: June 13 2000 ITEM NUMBER: 5 APPLICANT: LARRY ELD DVM -MEMORIAL PET CARE REQUEST: CUP FOR PROPOSED PET CEMETERY TO EXISTING PET CARE OPERATION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. SEE STAFF REPORT ATTACHED CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: SEE COMMENTS CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: SEE COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: j (~ SETTLERS IRRIGATION: IDAHO POWER: ~ ~ ~/ (~ ~I~- ^+ ~ v US WEST: ~ ~ " W BUREAU OF RECLAMATION: ~~ INTERMOUNTAIN GAS: ~~" SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. °~~ ~ 3`~ ~ q~ ,~-. ,.-r HUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 • Fax 288-2501 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (2pg) gg7-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Tammy deweerd City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 Cherie McCandless June 8, 2000 MEMORANDUM: ~~ To: Mayor, City Council and Planning & Zoning Commission ~~ o ~ `'~1~~ From: Christy Richardson, Planner G~ Re: Conditional Use Permit (CUP-00-030) for a pet cemetery in the I-L Zone -- by Larry Eld, DVM I have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY This application is to permit a pet cemetery on 0.50 acres, on the same lot as an existing animal Eld, DVM. The applicant is not proposing crematory, both to be owned and operated by Larry any new buildings. The pet cemetery would incorporate approximately 7,400 sq. ft. of lawn area. The existing building contains approximately 900 sq. ft. of office and crematory space. The driveway and parking areas are not paved. The Zoning of Schedule of Use Control (11-18-1) allows cemeteries in R-8 and R-15 zones. Cemeteries are defined by the Ordinance (11-2-2) as "Land used or intended to be used for the burial of the human or animal dead and dedicated for purposes including crematories, mausoleums and mortuaries..." Staff recommends approval of this project as an expansion of a non-conforming use in the I-L zone. LOCATION & SURROUNDING USES The subject property is located at 654 E. King Street, approximately 700 feet east of E. Fifth Street, in the Meridian Industrial and Business Park. T lot alon 1 the lwest property 1 nestThe lot ns cgurrently applicant accesses the public streets from a flag g zoned I-L. The property is located in an area designated as Existing Urban in the Comprehensive Plan. The surrounding uses follow: North/West - A 2.2-acre flag lot, contractor's yard, zoned I-L. South -Three vacant parcels (0.68-acre, 0.59-acre, and 0.65-acre) zoned I-L. East - A 1.33-acre, vacant parcel, zoned I-L. Memorial Pet Care.CUP Mayor, Council and P&Z June 8, 2000 Page 2 GENERAL COMMENTS: 1. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. However, cemeteries (or a similar use) are not specifically listed in the parking schedule Ordinance. The Planning & Zoning Commission should determine the number of parking spaces to be provided. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State erl Ord 557, 10- 91)tfor all off street parkinlg areasd. shall be submitted to the City Engm All site drainage shall be contained and disposed of on-site. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 5. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS: No additional sewer or water services are required for this use. 2. One (1) three-inch (3") caliper tree is required per 1,500 sq. ft. of asphalt on the site as per City Ordinance 11-13-4.B.3.c. A detailed landscape plan showing compliance with this requirement must be submitted at the time of Certificate of Zoning Compliance and Building Permit application. 3. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 4. All off-street parking areas and drive aisles shall be paved, as per City Ordinance. 5, The existing monument sign, located in the southwest corner of the site, should be approved with this application, as it complies with Section 11-14 of the City Ordinance. Any new signage is not approved with this application, and will require separate sign permits. 6. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by CUP-00-030 Memorial Pet Care.CUP Mayor, Council and P&Z June 8, 2000 Page 3 the Zoning Administrator for any new owners/tenants. RECOMMENDATION r~ Staff recommends approval of the project with the conditions noted above. CUP-00-030 Memorial Pet Care.CUP i-. °~ HUB OF TREASURE VALLEY MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4313 City Clerk Office Fax (203) 838-4213 LEGAL DEPARTMENT (208) 238-2499 • Fax 288-201 PUBLIC WORKS BUILDING DEPARTMENT taos~ s~~-z21I • Fax 8s~-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 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, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2 2000 TRANSMITTAL DATE: May 9 2000 HEARING DATE: June 13, 2000 FILE NUMBER: CUP-00-030 REQUEST: Pet Cemetery BY: Memorial Pet Care -Larry Eld, DVM LOCATION OF PROPERTY OR PROJECT: Meridian Business Park----654 E. King Street - SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE 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 COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~ ~~ ~¢ .l!fr• ra e~ ~C.~ t.~ `a 1.~. 1J ~It.~ ~sJ' ~ e:a ~,e.s ~ ~~ r ~s, ~.. ~, ~uCEIVED /~ MAY 10 2000 MEf21D1AN^~ N i FIRE DEPART =' 05/23/2000 06:32 2055585052 SANITARY SERVICE PAGE 06 .-.. ... HU6 OF TREASURE• VALLEY 41,•~YOR Robcr[ D. COITI~ A GUOd Place [o Live LEG~4 OEP,oRTMENT CITI' C CITY OF MERIDIAN (30V) ~tR-2a~)9 • Fan ?\S.?5Oi OUNCIL ME~(BERS i>UBLI(; ~,vp1Zh5 Ron a,nderson 33 EAST ID~~Hp 9u-LD~NG ~Er4Rr,~iF.~T K¢Uh Bird NIERiDIAN, 1DAFi0 S3G~'_' c3o~1b~~•"`1i • r„,s7.~,.» Tammy deWeerd (205) 8S$-d:433 • Fix (20$) 3S i •dS 13 PLANNING RND ZONING Cherie McCandless C~[y Clerk Office Fax (203) 555-4215 DEPARTMENT (305) 53x•53?3 • Fax ri4`i-GtiSa TRANSMITTA)G TO AGENCIES FOR COMMENTS ON DEvELOPMENT PROJECTS WITH THE CITY OF MERIDZAIY To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Wilf Berg, City Clerk by: June_2, 2000 TRANSMITTAL DATE: Mav 9, 2000 HEARING DATE: June 13, 2000 FILE NUMBER: CUP•00-030 REQUEST:- Pet Cemetery BY: Memorial Pet Care -Larry Eld. DVM LOCATION OF PROPERTY OR PROJECT: Meridian Business Park----654 E. King Street - SALLY NORTON KENT BROWN, P2 THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z _KEITH BORUP, P/Z ----ROBERT CORRIE. MAYOR RON ANDERSON, C!C CHERIE McCANDLESS. C/C _KEITH BIRD, C/C -TAMMY de WEERD: C/C -WATER DEPARTMENT _~6EWER DEPARTMENT SANITARY SERVICE -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 COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMAR S: 1.~C~~D MAY 2 3 2000 +CI~Y (~~' l~RI~I~1,T MAY 23 '00 06 39 2088885052 PAGE.06 n a ~.~ o ~c~tt ~ wa ~~ t~~ct ~ ~ nA n r L n71L. Cl 1 Judy Peavey-Derr, Nresiaent ~ ~ ~ ~G°~ ~ ~ ~~ ~ ~~~ ~~~ Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us TO: Larry A. Eld, DVM Memorial Pet Care P.O. Box 1279 Meridian, ID 83642 SUBJECT: MCUP-00-030 Pet Cemetery 654 E. King Street May 17, 2000 ~cE~D MAY 2 2 2000 CITY OF 1VTERIDLgA* The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. ACRD does not have any site improvement requirements at this time. The ACRD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact at (208) 387-6177. Sincerely, ~.~~.,~- ~ ~ L Penelope L. Constantikes Development Analyst Cc: Planning & Development/Chron/Project File Planning & Development Services-City of Meridian ~ HUB OF TREASURE VALLEY ~ LEGAL DEPARTMENT MAYOR A Good Place to Live ~ > >~ ~- (_08) ~88-2499 • Fas _48-_~01 Robot D. Cowie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-221 I • Fax 887-1297 MERIDIAN, IDAHO 53642 Keith Bird (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Ot'fice Fax (208) 888-4218 DEPARTMENT (308) 884-5533 • Fax 888-6854 Cherie McCandless TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2 2000 TRANSMITTAL DATE: May 9 2000 HEARING DATE: June 13, 2000_ FILE NUMBER: CUP-00-030 REQUEST: Pet Cemete BY: Memorial Pet Care - Lar Eld DVM LOCATION OF PROPERTY OR PROJECT: Meridian Business Park----654 E. King Street - SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C _~TAMMY de WEERD, C/C WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE 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 COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) RE°E~D MAY 1 6 2000 'CITY OF 1VTERIT)IAN RACE/ VED MAY 1 1 2000 Meridian City Water Superintend~eat YOUR CONCISE REMARKS: /f~ .r~A-~-~~-5 ~-., CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division Return to: PI'f HEALTH ^ Boise DEPARTMENT ^ Eagle ^ Garden City Rezone # Meridian ~(~ ~ -~ ~ -~3 ~~ Kuna ~.nnditional Uwe Preliminary /Final /Short Plat L /j//~y/S /~ /If~~ ^ ACZ ~~~± ,~ Y I . We have No Objections to this Proposal. ~ AY 1 ~ Zd~~ ^ 2. We recommend Denial of this Proposal. ~ ^ 3. Specific 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 sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. Date: ~~/~ s~/ ~ Reviewed By: Review Sheet (DHD ID/91 rcb, rev. 7/91 Z0'3~Jdd bbL0b8880Z MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy dcWccrd Cherie McCandless 33 )'vA.ST IDAHO NIERIDI:~.N, IDAHO 83642 ("?08) 883-4433 • Fax (208) 387-4313 City Clcrk OFficc Fax (203) 888-42lS bb : T Z 88 ~ T Z ~ltiW LcGAL DEPAR'~MENT (203) 2Sb-2499 • Fax 3813-250 ~ PUBLIC FORKS BU1L0(NG DEPARTMBNT (20d) BS?-221 i • Fax SS7-297 PLANNING ANO ZONING DEPARTMENT (.205) SS~•5533 • Fax 6SS•6S54 TRANSMITTAL, TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH TIDE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk bye June 2. 2000 TRANSMITTAL DATE: May 9, 2000 HEARING DATE: June 13, 2000 FILE NUMBER: CUP-00-030 REQUEST: Pet Cemetery BY: Memorial Pet Care -Larry Eld, DVM LOCATION OF PROPERTY OR PROJECT: Meridian Business Park----654 E. King Street - SALLY NORTON KENT BROWN, P/2 THOMAS BARBEIRO. P2 RICHARD HATCHER, P/Z KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRO, C/C TAMMY de WEERD, C/C _,,~VVATER DEPARTMENT ~~// SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT C ITY ATTORN EY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MER{DIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR ONCISE REMARKS: r 'x,A ~', ~° r R,~c~~D MAY 1 ~ 2000 HUB OF TREASURE VALLEY A Good Place to Live CI'T'Y OF ~VIERIDIAN CITY ®F NI~.R,II~ .-, -~ HUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 • Fax 288-2501 Robert ~~ Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL ~'fEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONfNG Tammy deWeerd _ ~ City Clerk Ofticc Fax (_08) 888-4218 DEPARTMENT 5 Cherie McCandless 4 (208) 884-5533 • Fax 888-68 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2 2000 _ TRANSMITTAL DATE: May 9 2000 HEARING DATE: June 13, 2000 FILE NUMBER: CUP-00-030 REQUEST: Pet Cemetery - BY: Memorial Pet Care -Larry Eld, DVM LOCATION OF PROPERTY OR PROJECT: Meridian Business Park----654 E. King Street - SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C!C _KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE 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 COMMUNITY 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) R,~C~'~D MAY 1 6 2000 CITY OF MERIDIAN t,Fia. & ~~i~dia~ ~Ifintyat~oc 2~ca~z~ct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 III Berg, City Clerk Meridian City Hall 33 East Idaho Meridian, ID 83642 Re: CUP-00-030 Memorial Pet Care -Larry Eld, DMV Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, B II~ on, Asst. Water Superintendent NAMPA 8~ MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 May 15, 2000 0 3 w V D v CO (O r --~ 1 1 1 f 1 ~ ~ ~ ~ ~ ~ W N 1 ~ M a Ll a _ ~ m nyd ~ Q ~ 'y° m ~~ w ' °.° m " ~ zD v ~ 3~ N m m l ,. w N o ~ D ~ y n fD Z C \ N m 1 w~ m ~J z 1 N O w ~ ~ ~ ~ ~ . ~ ~ n . . ~ N m ~ ~ _ w O ~ ~ ~ ~ O ~ n 3 ~ v ~ ,~ O Da a (D ~ ~ ~ m y I m ~ ~ ~~ 3 m r~' W o ^ ^ ^ ^ R / ~ ~ ~ ~ `D n ~m~ c~~ e j, m ~ ~ ~ N_ cD = C ~ ry fp ~ ((~~~~ W ~ ~ o. 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