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Memorial Pet Care VAR 00-012CITY OF MERIDIAN ~,r1 ~?.- n~ ,~ ~! ! ~_. 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) Phone: ~~ ~~6 (Owner or ADDRESS: of valid option) GENERAL LOCATION: "1t`I-~ ~ ~ r~l~ ~~ ~~°1'% h ~ Sl ~~ r ~Z- LEGAL DESCRIPTION OF PROPERTY: .~' ~ -~ g ~a ~ ~ ~ ~ Lr~'~ PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. S r' ~ ~` t*iti c ~ ~-C f v~ -~- PRESENT ZONE CLASSIFICATION: ? .Z- VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. DESCRIPTION OF PROPOSED VARIANCE: ~'r ~ C~ ~~ ~ ~~ J ~~ fir`' L~ I hereby certify that the information contained herein is true and correct. SIGNATURES ~~-~ ~- CITY COUNCIL RECORDS Date Received ~.- %~' ~ ~ City Council Hearing Date _ r, Received by r~~`` ~ ! ~~ ~'" ECEIVE R JUN 2 1 2000 CITY OF MERIDIAN CITY CLERK 4FFIrE HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 • Fax 288-2501 o CITY OF MERIDIAN I O S C1TY C UNC1L MEMBERS PiJBL RK C W Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN IDAHO 83642 ~ Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie M C dl City Clerk Office Fax (208) 888-4218 DEPARTMENT c an ess (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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 City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: July 12, 2000 Transmittal Date: June 21, 2000 Hearing Date: July 18, 2000 File No.: VAR 00-012 Request: Variance to allow a gravel driveway and parking lot rather than paved for Memorial Pet Care By: Larry A. Eld., DVM t_ocation of Property or Project: 654 E. King Street in the Meridian Business Park Sally Norton, P/Z ** Kent Brown, PJZ "* Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z "* Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) Gen - 26 PP/FP/PFP - 24 AZ - 27 " no FP ~!~ellt~~~ ta~~ ~e~ na (208) 887-7669 Fax (208) 898-9234 ~, ~lE~ ((~cl re June 14, 2000 City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Re: Variance Application 654 E. King Street - Meridian, Idaho I, Larry A. Eld, am the sole owner of the above described property. I currently reside at 11085 Thomas Drive, Boise, Idaho 83709. My telephone number(s) are 887-7669 (business), 376-2524 (home). Please accept this as my Application for a variance to the Meridian Zoning Ordinance. Enclosed is my check for $258.65. I have attached a copy of the Real Property Purchase and Sale Agreement as proof of ownership as well as a legal description of subject property. We currently operate a pet cremation service at this address and would like to include a pet cemetary in the lawn area. I have also included a map showing vicinity property lines and existing streets and a list of property owners within 300'. As indicated our property is surrounded by a gravel driveway, gravel impund yard and a gravel work yard at Handy Trucking. We would like to eliminate the requirement to pave our driveway and parking lot. Paving this area would increase the cost and make the small pet cemetery uneconomical. The driveway into our property from King Street is gravel, Handy Trucking's loading area is gravel and the impound yard is gravel. If I am required to pave my driveway and parking lot, it would be an isolated piece of asphalt surrounded by gravel. These gravel driveways were in place before I occupied this property. Our current gravel driveway is comparable to the surrounding area. The approximate cost of paving this area would be $25,000.00. This would be a financial burden. Current gravel driveway is in compliance with the surrounding rea. /r lam'- ~~ ~~ ~~ ~~Cf11112Cf 1f'fl~ 1ft +lff~ fftf)(l{^~/((~ lft ll~fll~~`7f~~/F~/lf~" 654 E. King Street • Meridian, Idaho 83642 • P.O. Box 1.279 • Meridian, Idaho 83680 Jun 21 00 09:16a Memorial Pet Care 208$989234 ~~~ ~~ ~~ (208)887-7669 Fax(Z08)898-9234 ,.G~e ~2t.~ ~, June 21, 2000 City of Meridian Planning and Zoning Department Re: Variance Application 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. p.l 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 Variance Application. Sincerely, -- Larry A. El, DVM _ LAE/da "~G~vuin f u°~ ~i o~~uu l° a~f~i~td" 654 E. King Street Meridian, Idaho 83642 P,O, Box 1279 Meridian, Idaho 83650 PROPERTY DESCRIPTION DR ELD at MERIDIAN BUSINESS AND INDUSTRIAL PARK A parcel of land being a portion of Block 2 of Meridian Business and Industrial Park, a subdivision, as filed for record in Ada County, Idaho, which parcel is more particularly described as follows: Commencing at the Northwest corner of said Block 2, said point being common to East Sth Avenue, Bower Street, and said Block 2; I ' thence South 89°32'46" East 347.72 feet to a point; thence North 00°29'06" East 41.77 feet to a point; thence South 89°33'57" East 33.00 feet to a point; thence North 00°29'06" East 164.38 feet to a point; thence South 88°29'01" East 546.78 feet along the Northerly boundary of said Block 2 to a point; thence South 00°31'11" West 291.68 feet to a point, said point being the Real Point of Beginning; thence South 00°31'11" West 82.14 feet to a point; thence North 89°50'10" West 265.17 feet to a point; thence North 00°31'11" East 82.14 feet to a point; thence South 89°50'10" East 265.17 feet to the point of beginning; Together with anon-exclusive easement for ingress and egress over the following described parcel: A parcel of land being a portion of said Block 2, which parcel is more particularly described as follows: Commencing at the Northwest corner of said Block 2, said point being common to East 5th Avenue, Bower Street, and said Block 2; thence South 89°32'46" East 347.72 feet to a point; thence South 00°31'11" West 428.28 feet to a point; thence South 89°50'10" East 284.42 feet to a point, said point being the Real Point of Beginning; thence South 89°50'10" East 50.00 feet to a point; thence North 10°48'23" West 101.86 feet to a point; thence North 00°31'11" East 229.69 feet to a point; thence North 89°50'10" West 30.00 feet to a point; thence South 00°31'11" West 329.69 feet to the point of beginning. Compiled from data of record, not an actual field survey. G , .~ REAL PROPERTY PURCHASE AND SALE AGREEMENT Date: April 5, 1993 AGREEMENT TO SELL. Subject to and in consideration of the mutual terms and conditions contained herein, Meridian Industrial Park ("Seller"), hereby sells to i,arry A. Eld and Arlene B. Eld ("Buyer"), and Buyer hereby purchases from Seller, the real property described below. PROPERTY. The property that is the subject of this Agreement ("Property") is the parcel of land identified on Exhibit A hereto, together with and subject to the real property appurtenances thereto. Buyer acknowledges its responsibility to inde.pendenlly investigate the suitability of the Property for its intended use and agrees to take it in the condition it is now in, without warranty by Seller. PURCHASE PRICE. Buyer agrees to pay to Seller as the Purchase Price the sum of $27,500 payable as follows: A. $1,000 in cash as earnest money to be deposited with Wright. Patterson Real Estate ("Escrow Agent") in Boise, Idaho, by April 14, 1993, subject to the Deposit provisions set forth below in the Conditions Precedent paragraph. The Deposit shall be credited against the Purchase Price at closing. B. The balance of $26,500 in cash via collected funds on the Closing Date. CONDITIONS PRECEUEN'I. During the period ending June 5, 1993 (or such later date as Buyer and Seller may agree to in writing, the "Review Period"), Buyer shall determine to its own satisfaction the feasibility of Buyer's plans regarding the Property, and the condilivn and suitability of the Property for Buyer's use, including, for example, the cost and feasibility of securing any necessary utility services. The parties hereto will proceed to a closing of this transaction unless, and only unless, before the expiration of the Review Period, Buyer notifies Seller in writing that the results of its review of the Property were for any reason not satisfactory to Buyer. [f any such notice is timely given, then this Agreement shall be deemed terminated, the $1,000 Deposit shall be promptly refunded in full to Buyer, and neither party shall thereafter be liable to the other hereunder. If no such notice is timely given as set forth above, then Buyer's Deposit shall thereupon become non-refundable and shall be refunded only if this transaction fails to close due to Seller's failure to perform in accordance herewith (but shall continue to be credited against the purchase price at closing if a closing does occur). USE. Seller reserves the right of approval regarding Buyer's site development and architectural plans prior to commencement of construction. TITLE INSURANCE. Seller shall prior to closing furnish to Buyer copies of a current preliminary title report, and shall at its cost cause Security Title Company of Idaho ("Title Company") to issue at closing a standard owner's policy of title insurance in the amount of the Purchase Price insuring title to the Property in Buyer's name subject to the Title Company's usual and customary exceptions, the lien of taxes and regular assessments for the }'ear of closing, restrictive covenants of record, a join[ access easement, other existing restrictions and easements that do not materially affect the value or development potential of the Property, reasonable perimeter utility easements, and other easements and restrictions not disapproved of in writing by Buyer within 7 calendar days after its receipt of the preliminary title report If Seller cannot remove any disapproved exceptions by the Closing Date, then unless such exception is accepted in writing by Buyer, this Agreement shall terminate, Buyer's Deposit shall be promptly refunded in full, and neither party shall thereafter be liable to the other hereunder. CLOSING -CLOSING DATE. The closing agent shall be the Title Company, at whose offices the closing shall occur. The closing shall occur by September 25, 1.993. TITLE. Upon the performance of the pro~lsions contained herein, Seller shall execute and deliver to REAL PROPERTY PURCHASE AND SALE AGREEMENT -Page 1 Buyer on the Closing Date a standard form Warranty Deed conveying fee simple title to the Property to Buyer subject only to the exceptions set forth above. CLOSING COSTS -PRORATION. Buyer and Seller shall each pay one-half of the recording fees and the closing agent's usual and customary closing fees. Rental income, property taxes and other operating costs shall be prorated as of the Closing Date. Any legal costs incurred by either party in connection with the consummation of this transaction shall be paid by the party incurring such COSTS. CLOSING INSTRUCTIONS. The closing agent is instructed as follows: A. Closing Statement Prepare closing statements for execution by Buyer and Seller in accordance with the terms hereof. B. Receive Payments. Collect aft funds to be received from the parties at Closing and disburse and pay the same to the parties and such other persons or entities entitled to such funds. C. Collect, Record and Deliver Documents. Collect the various documents and information to be provided by Seller and Buyer and secure the required signatures and acknowledgments and record such documents as necessary and in the proper sequence, and deliver the same to the respective parties as required to close this transaction. POSSESSION. Buyer shall be entitled to possession of [he property from and after the closing. CUi11MISS10N. Subject to the closing hereof and to the execution by the following Warned brokers of the acknowledgment set forth below, Seller shall pay $825 to The Winder Company, and $825 to Wright Patterson Real Estate, as the commission for the sale of the Property to Buyer. In agreeing to such payment, and other than as to the amount thereof, Seller acknowledges no other agreement with or between such brokers other than as previously agreed in writing between Seller and The Winder Company. Buyer and Seller shall otherwise hold each other harmless from other commission or finder's fee claims arising from the other's conduct or representations. REMEDIES - AZ"TORNEYS FEES. If either party fails to perform in accordance with the terms of this Agreement, each shall be entitled to all rights available at law or in equity. In the event of any dispute hereunder, the prevailing party shall be entitled to reasonable attorneys fees. ADDITIONAL ACTS. Each party agrees to take such other actions as may reasonably be required to consummate this transaction, and to afford each other reasonable cooperation towards that end. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Idaho. TIME, SEVERA13lLITY. Time is of the essence of this Agreement, and each party hereto agrees to promptly perform such acts as are reasonably required in connection herewith. If any provision of this Agreement to any extent is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. NOTICES. Any notices required to be given hereunder shall be given in writing, addressed to the respective parties at their addresses as set Corth below, and shall be deemed effective when personally delivered or 24 hours after deposit in the U.S. mail, postage prepaid, certified with return receipt requested. - ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties, has been entered into in reliance solely on the contents hereof, and shall not be modified except in writing signed by both parties. This Agreement supersedes any previous agreements, written or oral, between the parties hereto. BINDING EFFECT - SURVIVAL,. This Agreement shall be binding upo^ [he heirs, administrators, executors, successors and assigns of REAL PROPERTY PURCHASE AND SALE AGREEMENT -Page 2 the parties hereto and shall survive the closing of this transaction. ASSIGN1~iENT. Neither party may assign rls interest herein without the prior written consent of the other. RECORDING. Neither party shall record this Agreement or the terms hereof without the other's express prior written consent. AGENCY DISCLOSURE. The parties hereto acknowledge that The Winder Company represents the Seller, Wright Patterson Real Estate represents the Buyer, and each party has received and had opportunity to read a copy of the Idaho Real Estate MERIDIAN INDUSTRIAL PARK By~ - Authorized Represe tative PO Box 8204 Boise ID 83707 Commission agency disclosure brochure dated January, 1989. OFFER EXPIRES. This Agreement and Seller's execution hereof shall be deemed null and void if by April 14, 1993, either (a) Seller or Seller's Listing Broker has not received an original of this Agreement executed by Buyer, or (b) the Escrow Agent has not received the cash Deposit. AUTHORITY. The individuals signing below on behalf of the respective parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties, and that such execution is binding upon said parties without further action or ratification. Larry A. Eld Arlene B. Eld Date: 3 Date: ACKNOWLEDGI\4EN"T ANU WAIVER. The undersigned hereby waive any claim to the Deposit se[ forth above, and acknowledge and agree that payment of $825 to The Winder Company, and $825 to Wright Patterson Real Estate, such payment to be made only if this sale closes, constitutes full and complete payment of all sums due in connection wish the sale of the Property to Buyer, and, subject ontp to such payments, waive all claims, past and future, regarding this transaction against Seller and Buyer, and each~of the undersigned heref~y-indemnifies and holds harmless Buyer and Seller against any other fee claims arising from the conduct or representations of the indemnifying party. AU'TIIORITY. The individuals signing below on behalf of the respective parties hereto warrant that [hey are duly authorized to execute this Agreement on behalf of said parties, and that such execution is binding upon said parties without further action or ratification. THE WINDER COMPANY >~y -- - Authar'tzed ~I2epresentative WRIGHT PATTERSON REAL ESTATE --__~ Authori .ed Representat' e REAL PROPERTY PURCHASE AND SALE AGREEMENT -Page 3 _-_-___bl L8 M_ll_1F.00 S - I - ~,~ ~ Y ~ I i~ ~ I; ~ , { 1 ~ ~~ ~ I ~ s~ N ~ I 1. I~ ~~ I W I R I ~ ,~ ~ ~ I I I ~ ~~ ; ~ ~ 1 i I r- ~-- ~ 8 I I a y ~' I --r ~ ~ ~ ~i ~ ' ' r, ~ 1 ~ ~ ~ r- ~ ~, a i ~~ 2 ~ `~~ ~i Y I I r ~ ' I ~' , ~ i '~ ~ ~ I -~ I , I I ~ ~ I I I 0 J V v ~~ Q 1 tib~~ r~ ,~~~~ ~il I I ~I V ~~ x ~ ~~. ~ ~ ~ ' N ~ Y ~ W ~,.,~~ ~. ~ Z_ ~. i I m ~ ('A ~ ~ ~ ~ m C'1 .~, ~~ ~~ Y .7 \/\/ '~ I ` I~ I ~ 1'. I/ N I ~ t0 i ~ '3 I 41 Z~ I- `,~ ~~ ~ ~ ~ _~<- f ~' I ~ '• ~ ~'~ I 8 I ~ ~ '~ ;~ y 5 ~I ~i I I I I i ~ ~ ~ 5 ~ ~ ; ~_ ~' ~ C~ ~I ~ ~ ~ ~~ i ~ i ~ ~ i ,/' ~~ S ~' 1._ ~ ~ ~ ~ ~ ~'~ = - ---~1~Z8 ~ ,l l ``~ 1.00 N ~7~ixcr "l`~,~~~~7 4__ _. T - 0 LARRY ELD - 654 E. KING ST. PROPERTY OWNERS WITHIN 300' I-IANDY WAREI-IOUSING PO BOX 300 PAUL ID 83347-0300 630 E KING ST ~'~~LLl~ CAROLYN J HC 66 BOX` 23 ISLAND PARK ID 83429-0000 710EKINGST MERIDIAN INDUSTRIAL PARK PO BOY 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 810 F KING ST 854 F. 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 MANAGF.MEN'1' CORPORATION 640 E FRANKLIN RD MERIDIAN ID 83642-2938 677 E KIN G ST 701 E KING ST City of Meridian VARIANCE Application Checklist Applicant ~/nG ':.-~ C~'O.~ Submittal Date: tv l l S l ~%~ Project: ~! Application Completion Date: / / Item No Descri tion Comments ~ . 1. Completed and signed Variance Application - ~ 2. Warranty deed (recorded) - proof of title of said owner / 3. Notarized consent of titled property owner ~•t,~~t.. „~;,~ ~` 4. Legal description of subject property f 5. A statement -what ordinance can you not comply with? °~ 6. A statement -what prevents compliance with the ordinance? ~/' A statement -what are the minimum requirements of this ordinance that ~ 7• need to be reduced to ermit the ro osed use? A statement -what is the difficulty or hardship that would result if ~ 8' re uirements of this ordinance were a lied to the sub~ect roe ? A statement -any unusual or peculiar circumstances that indicate 9' re ulations of this ordinance that should not be strictl com lied with. 10. A statement -that special conditions and circumstances exist.... A statement -that interpretation of the ordinance shall deprive the 11. a licant of ri hts commonl en'o ed b other ro erties... A statement -that special conditions or circumstances exist that were not 12 a result of the a licant's action. A statement -that granting the variance requested shall not confer on the 13. a licant an s ecial rivile e... A statement -how granting of the variance would convenience the 14. a licant... A statement -the relationship of the proposed variance to the Meridian 15. Com rehensive Plan (cite olic numbers). One (1) copy of a scalable 8'/2 x 11 site plan showing property lines, 16. streets, etc... One (1) copy of a vicinity map at a scale of one (1) inch equals three / 17. hundred (300) feet, that includes surroundin zonin s, streets, etc... ~' Schematic building plans which indicate typical elevation and floor plan of / 18 an ro osed construction. `~'~` ~ A list of the mailing addresses of property owners within three hundred ~- 19. (300) feet, obtained from the Ci of Meridian Plannin & Zonin . 20 A fee: - $250.00 / Certified Mailin s - $1.73 er notice for one mailin A signed affidavit stating that the property will be posted one (1) week ~' 21 before the ublic hearin . After the property has been posted, a notarized statement that the __ ~~ 22 roe was osted and the date the ostin was laced. ' . ~, ,, Y, RfT" BANK. N.A. fift eigh and 65/100 *************************** $258.65 ~;~~; Two hundred Y .~ FIRST ~ECJ ~ CHECK ~Li~ ~~yT~~pRISES ,_;oa-;9-~~~:~ ,~~_,; Iza~, 3e NUMBER Larry 4. E1d, DVM 3~-+ E. KING ST9EET • P.O. EOX 129 CHECK ~~I~~.;~i,au. ~oai-+o -~Fso /a; = 061400 X2081387-7669 .__.___. ~~r. , `o T r.~ of Meridian ~-~ _ „ -~c~izEO ..~ ~ ,~. OI= Q ~ N ~ `~ m W ~ ~ p M ~_ LL F` W c O o~ `-°~ ~_ ~ ~ ~ CN C U I,~OL855311' ~:L24L00064~:003 03523 L411' ~~ ~ _ ~ , ~ cv o ~ a ~ o ~ ~ ~ \, C w ~ \ o ~ L ~ ~n n ~R, 0 ~ N r ~ ~ U U T L 9 a + ~ ¢ v C Z O c 0 d = U n r N 7 ~ ~ ' C ~o U ^ V :J ) T ~ ~ O 1_ V ~ ~ O Q ~ 9 ~~ ~~ M N z In r d C ~ ~•••~ o~ °' ~ o V O 'nom ~ ~ ~ a O J O Z Q `~ ~Y ~ Z sN Q ~~ w °Z ~ C C7 a r~- ~ ~. CITY CLERK FILE CHECKLIST Project Name: Memorial Pet Care File No. VAR 00-012 Contact Name: Larry Eld, DVM Phone: 887-7669 Date Received from Planning and Zoning Department: June 21, 2000 Planning and Zoning Level: Hearing Date: n/a 0 Transmittals to agencies and others: n/a Q Notice to newspaper with publish dates: n/a and Q Certifieds to property owners: n/a Q Planning and Zoning Commission Recommendation: Notes: ^ Approve ^ Deny No P/H at Planning and Zoning level on Variance Applications City Council level: Q Transmittals to agencies and others: Q Notice to newspaper with publish dates: 0 Certifieds to property owners: ^ City Council Action: ^ n/a Hearing Date: July 18, 2000 June 21, 2000 30-Jun-00 and 14-Jul-00 Approve ^ Denyr ^ Findings /Conclusions /Order received from attorney on: Findings /Conclusions /Order: ResoludOns: ^ Approved by Council Original Res 1 Copy Cert: Minutebook copy Reg I copy cart: city clerk ^ COp12S DISbUfSed: City Engineer City Planner Findin s Recorded g City Attomey Sterling Codrfiers Project File Develo ment A reement• p g Copy Res /Original Cert: Ada Couniy (CPAs) ^ Sent for si natures: g Applicant (non-CPAs) Recorded Ordinances: ^ Signed by all parties: Original: Minutebook copies to: city clerk ^ Approved by Council: State Tax Comm. ster,ing Coddlers ^ ReCOrded: City Attomey City Engineer City Planner ^ Co ies Disbursed: p Pro;e°t file " d app/.) Applicant ( Ordinance No. Resolution No. Findings/Orders: Original: Minutebook ^ Approved by Council: Copies to: Applicant Pro;edfile ^ Recorded: Deadline: 10 days City Engineer City Planner ^ Published in newspaper: City Ariomey .. Record Vacation Findings" Recorded Development Agreements: 4. ^ Cople$ DI$bur$ed: Original:Fireproof File Copies to:Applicant ~~ ,~ .1 y NOte$: 'aC.i~ ~~1~~~ j- ~ ~i„`~~}~(~ ~ ~F ~'~~ Y ~ ~ v: f,- ~~- °~' Pro ed file City Engineer City Planner City Attomey ~_ CITY CLERK FILE CHECKLIST Project Name: Memorial Pet Care File No. Contact Name: Larry Eld, DVM Phone: Date Received from Planning and Zoning Department: Planning and Zoning Level: 0 0 Notes: Transmittals to agencies and others: Notice to newspaper with publish dates Certifieds to property owners: VAR 00-012 887-7669 June 21, 2000 Hearing Date: n/a n/a n/a and n/a n/a Planning and Zoning Commission Recommendation: ^ Approve ^ Deny No P/H at Planning and Zoning level on Variance Applications City Council Level: 0 Transmittals to agencies and others: Q Notice to newspaper with publish dates: 0 Certifieds to property owners: ^ City Council Action: Hearing Date: July 18, 2000 June 21, 2000 30-Jun-00 and 14-Jul-00 ,; ~--° il~ w.~~ ->t ;ALL ^ Approve ^ Deny'' ^ Findings /Conclusions /Order received from attorney on: Findings /Conclusions /Order: ^ Approved by Council: _ ^ Copies Disbursed: ^ Findings Recorded Notes: ~, Resolution No. ^ Recorded: Deadline: 10 days ^ Published in newspaper: _ ^ Copies Disbursed: Development Agreement: ^ Sent for signatures: ^ Signed by all parties: Approved by Council: ^ Recorded: ^ Copies Disbursed: Ordin ance No. ^ Approved by Council: Resolutions: Original Res J Copy Cert: Minutebook Copy Res !Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codrfiers Project File Copy Res /Original Cert: Ada County (CPAs) Applicant (non-CPAs) Recorded Ordinances: Original: Minutebook Copies to City Clerk State Tax Comm. Stening Codifiers City Attomey City Engineer City Planner Project file Applicant (rf appl.) Findings /Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attomey "Record Vacation Findings "' Recorded Development Agreements; Original:Firoproof File Copies to:Applicant Project file City Engineer City Planner City Attomey ~~ July 13, 2000 +y J ~~ VAR 00-012 MERIDIAN CITY COUNCIL MEETING JUIy 18, 2000 APPLICANT Larry A. Eld, DVM ITEM NO. y ~-;> REQUEST Variance allowing a ravel driveway and parkin lot rather than paved for Memorial Pet Care - 654 E. Kin Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See comments See comments See comments ~ ~~ ~Uj,~ ~~ ~~~ Contacted: __1 : ~_ ~,. , ~, ~ ;' ~.~~j i l~ ~'`~ Date: ~'~ ~ ~ ~~' s L~~ z~ Phone: ~; ~~ ~~ ~.--.~ ~ ~-,a.~ Materta(s presented at public meetings shcll become property of the City of Meridian. MAYOR ^ NtJ'B OF TREASURE U.4LLEY '~ Robert D. Corrie A Good PIaCe to Live LEGAL DEPARTMENT CITY COUNCIL MEMBERS Ron Anderson CITE' OF MERIDIAN 33 EAST IDAHO (208) PUBL C WORKS8 2501 BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (zo8) 887-22~t • Fax 887-1297 Tammy deWeerd Cherie McCandless (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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 City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: JUIy 12, 2000 Transmittal Date: June 21, 2000 Hearing Date: July 18, 2000 File No.: VAR 00-012 Request: Variance to allow a gravel driveway and parking lot rather than paved for Memorial Pet Care By: _Larry A. Eld., DVM Location of Property or Project: 654 E. King Street in the Meridian Business Park Sally Norton, P/Z ** Kent Brown, P/Z ** _ Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department -Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 " no FP Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) Your Concise Remarks: _ j~ = 2 (~ .. l:d~ ~ C:~ Ci, ~ f'IL ~`t~+y ~(~ /=~ `~~4 lid, Q . F'.-~.~., ~~w~-., ~~ ~~ ~~~. /' // .--. MAYOR NUB OF TREASURE VALLEY Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY CITY OF MERIDIAN (208) 288 2499 • Fax 288-2501 COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 837-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Far (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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 City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: July 12, 2000 Transmittal Date: June 21, 2000 Hearing Date: July 18, 2000 File No.: VAR 00-012 Request: Variance to allow a gravel driveway and parking lot rather than paved for Memorial Pet Care By: Larry A. Eld., DVM Location of Property or Project: 654 E. King Street in the Meridian Business Park Sally Norton, P/Z ** Kent Brown, P/Z •* Thomas Barbeiro, P/Z '* Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C -~-Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 " no FP R~ C~~~~ ~ u L ~ t 2000 CI'I~Y OF I~E~.IDIA'~ Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) Your Concise Remarks: RECEIVED JUN 2 2 2000 Meridian City Water Superil~teneMlt Z 0 ' 3eJtid bbL0b8880Z i?b : 60 00 ~ i=i? Nflf r MAYOR Robert D. Comic CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy dcWeerd Cherie McCandless NUB OF TREASURE VALLEY A Cmod Place to Livc CITY OF ~VIERIDIA~T 33 EAST IDAHO MERIDIAN, IDAHO 83642 (203) 388-433 • Fax (208) 887-4813 City Clerk Officc Fa~c (208) 885-1218 LEGAL DEPARTMENT (208) 288-1.499 • Fax 28S-2501 PUBLIC WORKS 6U[LDING DEPARTulEIvT (208) 83"1-2211 • Fax BS i-1297 PLANNING AND ZONING DEPAR'IT~tENT (208) 854-5533 • Fax 888-G35a TRANSMITTALS 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 City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: July 12, 2000 Transmittal Date: June 21, 2000 Hearing Date: July 18, 2000 File No.: VAR 00-01 z Request: Variance to allow a gravel driveway and parking lot rather than paved for Memorial Pet Care By: Larry A. Eid., DVIb9 Location of Property or Project: 654 E. King Street in the Meridian Business Park Sally Norton, P/Z '* Kent Brown, P>Z *" Thomas Barbeiro, P/Z "' Richard Hatcher, P/Z ** Keith Borup, P/Z ** _ Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Meridian School District ** Meridian Post Office (FP1PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian {rrig. District Settlers Irrigation District fdaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department '* Ada County (Annexation) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner G®n - 26 PP!GP/PFP - 3a AZ - 2? " no F'p o w ~i.,e~ TA/i0d ~bt~LAb888AZ=QI 2i3-LHM3-LSb'M NHIQI2I3W E MAYOR '"~ HUB OF TREASURE VALLEY .r Robert D. Come A Good Place to Live CITY CITY OF MERIDIAN COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 ~tG- ~tit~ ~-[~ -~-~ ~ ~-e~Yv~~ ~~~ (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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 City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: July 12, 2000 Transmittal Date: June 21, 2000 Hearing Date: July 18, 2000 File No.: VAR 00-012 Request: Variance to allow a gravel driveway and parking lot rather than paved for Memorial Pet Care By: Larry A. Eld., DVM Location of Property or Project: 654 E. King Street in the Meridian Business Park Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department ~ Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 " no FP Meridian School District ** Meridian Post Office (FP/PP} Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) R ~ ~~ JUN 2 3 2000 CITY OF NI~~~ /`~ July 13, 2000 ~'1 CUP 00-030 MERIDIAN CITY COUNCIL MEETING July 18, 2000 APPLICANT Larry A. Eld, DVM ITEM NO. I ~' REQUEST CUP for a proposed pet cemetery for Memorial Pet Care currently in an I-L zone at the Meridian Business Park - 654 E. Kin Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached minutes See attached recommendations ~~~~I~ ~~~~~Pa ~~ Contacted: j~ s~+', `~. d , `~~ ~ ~;a _ ~. ; ' Date: j~f ~ f ~ ~~ ~_~ Phone: °, ~ ~ (/;1~,~~ l Materials presented at public meetings shall become property of the City of Mertdlan. WHITE, PETERSON, PRUSSYMORROW BL GIGRAY, P.A. JUI.tE Ki.EIx FISCF>Haz 200 EAST CARLTON AVENUE WM. F. GIGRAY, III POST OFFICE BOX 1150 BRINT J. 7o1-nvsox MExIDLaN, IDAHO 83680-1150 D. SnnroFa. Jot-nvsox WILLIM4 A. MORROW WbLIAM F. Nlcxol,s Tr1. (208) 288-2499 CHlusrortmi S. NYE FAx (208) 288-2501 PIIiLIP A. P6'1'FRSON STFPHIN L. PRUSS ERIC S. RossMAx TODD A. ROSSMAN DAVID NI. SWARTLEY TERRENCE R. WHITF, June 26, 2000 To: Staff Applicant Affected Property Owner(s) Re: Appplication Case No. CUP-00-030 Heanng Date: Ju1~5, 2000 NAMPA OFFICE 104 NIxTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL. (208)466-9272 FAX (208) 4661W05 PLEASE REPLY TO MERIDIAN OFFICE FINDINGS AND RECOMMECODA~O SION pI,ANNING AND ZONING Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the ~ity Council at the public hearing on the above referenced matter by the Planningd and Zoning Administrator. Due to the volume of matters wlucortant o ha eua consist nt format by whi h mattersare present d at the public hearings Im be ore the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Plaruung and Zoning Commission; and That you carefully complete (be sure it is leg~'ble) the Position Statement if you disagree with the Findings and-Recommendations of the Planming and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight ($) copies. The copies will be ppresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly urs, /. -' City Attorney's Offi Iy~ /1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR PET CEMETERY ADDITION TO EXISTING PET CARE OPERATION LARRY ELD, DVM Case No. CUP-00-030 RECOMMENDATION TO CITY COUNCIL Applicant 1. The property is located at 654 E. Icing, Meridian, Idaho. 2. :The owner of record of the subject property is Larry Eld of Meridian. 3. Applicant is owner of record. 4. The subject property is currently zoned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2N. 5. The proposed application requests a conditional use permit for a pet cemetery addition to existing pet care operation. The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -PET CEMETERY ADDITION TO EXISTING PET CARE OPERATION -LARRY ELD, DVM, MEMORIAL PET CARE proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, with the condition that the project go ahead with City Council's approval of the variance which this application requires for approval, subject to the following: Adopt the Recommendations of the Planning and Zoning staff as follows: 1.1 Off-sweet 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. 1.2 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. Applicant has a variance application in to City Council which Planning and Zoning recommends approval. 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -PET CEMETERY ADDITION TO EXISTING PET CARE OPERATION -LARRY ELD, DVM, MEMORIAL PET CARE ''~ 1.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 1.5 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.6 No additional sewer or water services are required for this use. 1.7 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. 1.8 All trash areas are to be enclosed by a screening fence on at least three (3) sides. 1.9 All off-street parking areas and drive aisles shall be paved, as per City Ordinance. 1.10 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. 1.11 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 the Zoning Administrator for any new owners/tenants. ey/Z:\Work\M\Meridian 15360M\Recommendations\CUP030PetCemetery.wpd RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -PET CEMETERY ADDITION TO EXISTING PET CARE OPERATION -LARRY ELD, DVM, MEMORIAL PET CARE .. /~ Borup: Would the applicant like to come forwardne dation for approval cYou havetseen staff comments. Yes the 6 items and the recom this and agree with every thing in there. Anything from the other Commissioner's? O'Neal: Sarah O'Neal. Yes I have and I do. Barbeiro: I move we close the public hearing. Norton: I second. Borup: All in favor. MOTION CARRIED: ALL AYES Barbeiro: I move we recommend approval tom dica~ claims andpbilelSnsurance itional use permit for proposed business to process companies by Sarah O'Neal at 1447 Sandalwood Drive with staff recommendations. Nary: Second. Borup: All in favor. MOTION CARRIED: ALL AYES 5. PUBLIC HEARING: REQUES PET CEM(E ERYITOO EX SSINGR P~ETt CARE PROPOSED ADDITION OF A OPERATION BY L MERIDIAN BUSINESS PARK, 654 E. KING STREET: Borup: I'd like to open the public hearing. Mr. Siddoway. Siddoway: This is a addition to a pet cemetery that is all ready existing in the Meridian Business Park. Basically stafhreou should IhaveppWeaecommend approvaldsubject to comments dated June 8 whic y those conditions. Borup: Will the applicant come forward. Eld: Larry Eld. I live at 11085 Thomas Drive in Boise. Chairman Borup and members of the commission, I made this application because there are no pet cemetery's in the valley and there is a need. We geze theeawn space thattwe allaeady havle he~ep weon occasion and I felt if we could u could implement this very nicely with the facility we all ready have. Borup: Have you had a chance to read and review the staff comments. ~ -~ Eld: I have and I am a little bit confused that they are asking me to pave the driveway and the parking lot. I would just say I would just kind of run some figures through and if I were to require to do that I probably not economically feasible to proceed with the project. The paving bills would be $20,000 to $25,000. I have a concern about that if in fact this is what the staff is saying here. The other thing, the trash enclosure area, we have about one plastic bag full that goes out in the morning that the garbage truck comes by. It would be pretty unnecessary to build a 3 walled enclose for one bag. We just don't have trash out there. That is a minor problem. The paving really bothers me. Borup: Steve would you comment on that. Siddoway: The requirement to pave is the requirement of our city ordinance and application like this it should be brought into compliance. Without paving, it would require a variance from City Council, which has not been filed for at this time. Borup: How did it get this far without ever being paved to start with. Siddoway: Well, it has been there quite a while hasn't it? Eld: It has been there a number of years and of course our access there is right next to Handy Trucking and none of Handy Trucking is paved so there was nothing said about paving it. If I were to just pave my driveway and parking lot I still have a gravel access that goes back to Western Insurance. They are holding yard back there and it is all unpaved. There is noting paved right there in that area. Borup: Your parking stalls are not paved either. Eld: We have no asphalt out there, no. I was not required when we put that in. We got permission and it was granted to us. We moved the facility to Meridian Business Park I think in 1995 or 94 somewhere in there. Barbeiro: Would it be advisable to consider continuing this until the doctor is able to apply for the variance. Siddoway: The variance goes straight to City Council. Nary: I have a couple questions about the application. Doctor Eld it appears that you said you are willing to use approximately 7400 square feet of lawn for this pet cemetery. How many animals do you anticipate burying. Eld: We will sell those by the square foot and I anticipate that oh I can't remember the number now but approximately 4 square feet per animal into 8,000. Eighteen hundred that was it. Nary: I noticed in your application you said that there were no environmental concerns. You were burying these animals in plastic containers. ~'•. ,r1 Eld: They will either be in sealed plastic container or in a sealed casket if the people wish to purchase one. Nary: Do you have documentary evidence that indicates that 2000 plastic containers containing animals is not going to cause any type of environmental concern. Eld: I don't have any documented or scientific on that but our intent is that they would be in sealed plastic containers. We are working with a laminate plastic group over in Caldwell to make us these containers. I am not talking about plastic bags. Nary: It is my assumption that a person would choose to do this would be to go and visit the animal. Eld: There are some religious believes and personal believes that they just don't like cremation and they do not have a place to bury an animal out side of their backyard. There is not a public cemetery available. Nary: I think you will have some increased traffic. Some people are going to come there to do that. Do you have any idea of how much increased traffic your going to have on that roadway. Eld: I doubt that the traffic will increase even noticeably. I suppose like on Memorial Day and such we may have 2 or 3 cars come. I also want to put a little fountain and kind of a mourning wall so to speak, a place people can come and sit and spend some time. There will be a little bit of traffic but certainly not like your 7-11 or Albertson's. Most of our cremations as far as we have a pick up service. We have very few clients that come out. It will be limited. Nary: Do you have any documented evidence of other pet cemeteries as to the traffic usage, environmental needs, those types of things. Eld: I would say no. The only other pet cemetery that I am familiar with is Pet Haven which has been closed down for a number of years. That was not regulated at all. We have contacted pet cemeteries. Forest Lawn down in California has one. There is one in Chicago we have talked to as far as putting this in. Nary: Steve, there is a statement in the staff report that indicates that there was -it is an expansion of a non conforming use, but there is not any support that I saw in the staff report that indicates the reason why the expansion of a non conforming use is being approved without some analysis as to how much use is going to be in relation to the current use. Did I miss that. Siddoway: Anytime there is an expansion even if it is a non conforming use it's suppose to come into compliance with existing codes. If it is a non conforming use that burns down for example, it would be allowed to rebuild the same square footage that '~ they had but not increase it. Once you get into increases, changes of ownership and use issues it is an addition and that is why it is required to come into conformance even thought is a non conforming use at this time. Nary: That was the reason for the paving and the driveway and all that. Norton: Dr. Eld, I know that you are a very respected veterinarian in the Treasure Valley. How long have you been practicing medicine. Eld: I have been in Boise since 1968 and owned and operated Mountain Animal Clinic until just recently. So I have practiced medicine for 33 years. Norton: Thank you Dr. Eld. Commissioner's, he has been practicing for 33 years in the Treasure Valley. Also, don't you take care of the zoo animals. Eld: I did for 20 years and then turned it over to the (inaudible) teaching center in Caldwell. Norton: You have been in this area for a long time and taken care of a lot of pets. Number one of the general comments by staff they ask this commission to determine the number of parking spaces that might need to be provided. Judging from your area here do you think there will be any additional space that would be necessary or can people park along your roadway. Eld: On one of the diagrams that Steve put up we drew out some parking spots. There is three there on the east end and three in front and then three on the south side, so there is nine that could be if it was asphalted, could be striped. There would be nine parking spots there. I have one employee and car and I have the delivery truck that comes in there and we average one or two cars a day. Norton: Will there be any additional signage or do you have the monument sign that was on the picture. Eld: That will not change. No more signage. Nothing changes other then I am going to continue to dress it up and make it look more like a Forest Lawn as time goes on. I think if you look at anything I have been involved in has always been very nice and well kept. I intend to do that here. Barbeiro: What about headstones Eld: We are not going to allow headstones. What we will do is have a plate that is flat on the ground and it will be a small marker plate so you can mow right over the top. We will have a memorial wall where people if they like can purchase a brass plate with their pets name and put on there with a water fountain and a bench. Barbeiro: Would you accept animals larger than dogs Eld: I would not accept horses there. In fact we are cremating horses there. We have a machine large enough. What we might do is if someone would cremate the horse we might bury the remains. We would be working in square feet. Borup: Dr. Eld you understand the comments that staff made, those are city ordinance as mentioned. A variance would need to be applied for. Eld: Someone will have to tell me what to do on that. Borup: Staff can work with you on that, but this body does not have the authority to grant a variance and it would be up to city council. Eld: The only question I have is because nothing else around there is paved and I would have a piece of asphalt out there in the middle of a gravel driveway. Borup: That may be a good argument for City Council. Is there anyone that has any comments on this application. Commissioner's. Norton: I move to close the public hearing. Nary: Second. Borup: All in favor. MOTION CARRIED: ALL AYES. Norton: I'd like to move that the Planning and Zoning Commission recommend approval of the request of conditional use permit for the proposed addition of a pet cemetery to existing pet care operation by Larry Eld, DVM, Meridian Business Park to include all staff comments specifically number one, no additional parking places to be needed. We would recommend Dr. Eld seek a variance for the paving. Barbeiro: We don't want this to go to City Council until he has put in for a variance. Borup: Can he do that simultaneous Steve. Siddoway: I think they could and then we would just ask Mr. Berg to hold the forwarding of this on to City Council until the variance is submitted deemed complete and then be able to be scheduled for a hearing. Swartley: Mr. Chairman the one problem with that would be is that if it is recommended for approval it has to be heard at City Council within 45 days. That is the one problem with it being held. It would depend on the schedule and whether or not Will could fit it in on the City Council agenda. The one thing in the applicants favor is there are 3 City ~1 Council meetings a month now. Just two this month, okay. It does need to be heard within 45 days of recommendation of the Planning and Zoning Commission. Borup: Your saying hold it until the variance has been granted Commissioner Barbeiro. The fastest way for his application would be as the motion stated with the applicant understanding that he needs to get that variance applied for in a timely manner or it could cause a problem later on. Barbeiro: With that I will second the motion. Borup: All in favor. MOTION CARRIED: 2 AYES 1 NAY 2. CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED WANDA'S MEADOW SUBDIVISION - 26 LOTS ON 7.99 ACRES IN AN R-4 ZONE BY ROBERT GLENN-1440 NORTH OF USTICK ROAD WEST OF LOCUST GROVE: Borup: This is the same application we saw a few months ago on annexation and zoning and now they are back with preliminary plat. Mr. Siddoway. Siddoway: This was before you the previous month. There were issues on this the last time it was here. The biggest one was the stub street being provided to the property provided to the west. The plat that was originally submitted did not have it. This plat was submitted just today to the clerk. I have not had a chance to review it, but it is my general feeling that it meets compliance. With that, staff comments dated May 18tH Standard requirements based on public works issues. The 20 foot landscape buffer beyond ACHD right of way is required. The original plat did comply with this. I would say that we would recommend approval based on the comments in our staff report dated May 18 and allow the applicant to address any concerns he might have. Borup: Are you saying you want more time to study the plat. Siddoway: I am telling you I have not studied it. Borup: Comparing the two it looked to me like the only thing changed is around the area of the Stub street, we've added a flag lot there on lot 3 and appeared to my everything else complied. Is the applicant here. Pavelek: My name is Richard Pavelek, 915 W. Jefferson in Boise. What we have done is submitted the revised preliminary plat that is before you to address one of the staff conditions of approval and that was to provide a stub street to the property to the west. All other aspects are as original submission. What we wanted to do is share with you the solution that we feel meets all the requirements of the stub street. We have reviewed this with the highway district and they support this configuration and location n July 13, 2000 CUP 00-030 MERIDIAN CITY COUNCIL MEETING JUIy 18, 2000 APPLICANT Larry A. Eld, DVM ITEM NO. REQUEST CUP for a proposed pet cemetery for Memorial Pet Care currently in an I-L zone at the Meridian Business Park - 654 E. Kin Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached minutes See attached recommendations Contacted: Date: Phone: Materials presented at pubFic meetings shah become property of the City of Meridian. Sent By: City of Meridian; 2088886854; Jul-18-00 12:53PM; Page 112 ~~ ~ u ~ ~ ~ ~ooo Position Statement ~ ~~ ~~ Gash No. ~~ 0 ~D Narr>p~ of ~1PPIi aunt; r; ~ /~Y ~ vt a'/ ~~' f t_°a ~`~ To: ~ fialtbridfs:t Gky G3uncil Frorri: ~ _ r ~ jnamej ' !.have reviewEd ih~ Findings and R~-cor~mendatians ~f t#~e Piann~ng and ~c~nir3g CorlZmission with which : disagree as follows: (Fii! out only those sections that apply to your position. If your position is to reject completely the Findings and Recommendations or if there'is inadequate space available, .prepare a separate Position Statement using this fC~rmat.~ The fo!bwing Findings and/or Recommendations should be deleted: [refer to sectidr, nurrlier i. the Jrdgr~. §§ i i ! e c ! i 1 / 1 The fallowing Findings andtor Recommendations should be modified: (referto sectidn number in order and set out how you request it should read]. § : (should read ~~ ~ Q ~a ('s~,~c/~ ~--e ~~~ § : [8hf2~ld'readl' § : [should readj § should read] ___ ;The Following Findings and/or Recommendation should be added: rFirst identify. if proposed item is a finding or a recornmerded a~tir3n then state how it should read.) Sent By: City of Meridian; 2088886854; Jul-18-00 12:54PM; page 212 "Dated this ~ day of ~ , ZOpO. ~t~Fsc Vllorits Received in -the record: I / By: iiiiarn G. i3er~i; Jr., Dity DOerk ~, ~ (208) 887-7669 Fax (208) 898-9234 ,~~l~e (~aie , Position Statement Case No. CUP -00-030 Dr. Larry A. Eld Memorial Pet Care Meridian City Council Our response to the following recommendations made by the Meridian Police and Fire Departments is as follows. Fire Department: The gravel road and parking lot consists of Twenty (20) inches of pit run with a solid road mix top coat. It will support at least 70,000 pounds of gross weight. We have cement transport semi-trucks from Handy Trucking over this driveway several times a day. Police Department: We feel that our driveway and parking lot is adequate for our needs. Our surrounding area consist of Handy Trucking and Western Casualty, their parking lots are not paved. They have the same gravel drive as we do. Thank Yo~r , C~~~ n __... D~-! Larry ,~' `old July 18, 2000 Eck[ CCC7f%?~ fll~'~ ~fi ~Tf~CzCtCl~~l/~C' ~(1 (~~~q~~~f~~~f~/?Cln 654 E. King Street Meridian, Idaho 83642 P.O. Box 12,.79 Meridian, Idaho 83680 BEFORE THE MERIDIAN CITY COUNCIL 07-20-00 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR MEMORIAL PET CARE CEMETERY I-L ZONE LOCATED AT 654 E. ICING STREET, MERIDIAN, IDAHO Case No. CUP-00-030 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARRY ELD, DVM, APPLICANT. The above entitled conditional use permit application having come before the City Council on July 18, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Larry Eld, DVM, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM /MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-00-030) - I FINDINGS OF FACT '"\ 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 18, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 18, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code § § 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a Meridian (I-L), by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM /MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-00-030) _ 2 n ,"'` 4. The property is located at 654 E. Icing, Meridian, Idaho. 5. The owner of record of the subject property is Larry Eld of Meridian. 6. Applicant is owner of record. 7. The subject property is currently zoned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7- 2N. 8. The proposed application requests a conditional use permit for a pet cemetery addition to existing pet care operation. The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. .The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 1 I and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM /MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-00-030) _ 3 r`~ ~ 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendation from the Meridian Fire Department as follows: 12.1 The gravel road shall meet the requirement to withstand a 70,000 lb. emergency vehicle. Adopt the Recommendations of the Planning and Zoning staff as follows: 12.2 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer (Ord. 557, 10- 1-91)for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 12.3 All signage shall be in accordance with the standards set forth in Section 11- 14 of the City of Meridian Zoning and Development Ordinance. 12.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 12.5 No additional sewer or water services are required for this use. 12.6 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 shall be submitted at the time of Certificate of Zoning Compliance and Building Permit application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM /MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-00-030) -4 /"~ ~ 12.7 All trash areas are to be enclosed by a screening fence on at least three (3) sides. 12.8 All off-street parking areas and drive aisles shall be paved, as per City Ordinance. 12.9 The existing monument sign, located in the southwest comer of the site, shall 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. 12.10 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit shall need to be submitted and approved by the Zoning Administrator for any new owners/tenants. However, the Applicant was granted a variance from presently paving the driveway and parking lot at the City Council meeting of July 18, 2000, Case No. VAR-00- O12, for Memorial Pet Care Cemetery, but in the future if the neighbor paves its existing gravel driveways or parking areas, then the Applicant shall be required to pave the driveway and parking lot, and shall comply with the conditions as set forth below: Adopt the Recommendations of the Planning and Zoning staff as follows: 12.11 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 number of parking spaces shall be determined and approved, and then provided as required. 12.12 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. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM /MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-00-030) -5 i"" - ~ Meridian Zoning and Development Ordinance because:. 13.1 The subject property is designated on the "Generalized Land Use Map" as "Existing Urban". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM /MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-00-030) _ 6 CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67- 6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in .the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. Will, in fact, constitute a conditional use as determined by City policy; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM /MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-00-030) _ 7 b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in an Light Industrial District (I- L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM /MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-00-030) _ g Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM /MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-00-030) _ 9 ''~, 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for a pet cemetery for Memorial Pet Care, subject to the following conditions of use and development: Adopt the Recommendation from the Meridian Fire Department as follows: 1.1 The gravel road shall meet the requirement to withstand a 70,000 lb. emergency vehicle. Adopt the Recommendations of the Planning and Zoning staff as follows: 1.2 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer (Ord. 557, 10- 1-91)for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.3 .All signage shall be in accordance with the standards set forth in Section 11- 14 of the City of Meridian Zoning and Development Ordinance. 1.4 Ail construction shall conform to the requirements of the Americans with Disabilities Act. 1.5 No additional sewer or water services are required for this use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM /MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-00-030) - 10 n ,'"~ 1.6 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 shall be submitted at the time of Certificate of Zoning Compliance and Building Permit application. 1.7 All trash areas are to be enclosed by a screening fence on at least three (3) sides. 1.8 All off-street parking areas and drive aisles shall be paved, as per City Ordinance. 1.9 The existing monument sign, located in the southwest corner of the site, shall 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. 1.10 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit shall need to be submitted and approved by the Zoning Administrator for any new owners/tenants. However, theApplicantwas granted a variance from presently paving the driveway and parking lot at the City Council meeting of July 18, 2000, Case No. VAR-00- 012, for Memorial Pet Care Cemetery, but in the future if the neighbor paves its existing gravel driveways or parking areas, then the Applicant shall be required to pave the driveway and parking lot, and shall comply with the conditions as set forth below: Adopt the Recommendations of the Planning and Zoning staff as follows: 1.11 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 number of parking spaces shall be determined and approved, and then provided as required. 1.12 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM /MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-00-030) - 11 ~''`~ 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ ~ day of ~(.CG~'u.,S ~ , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD> DVM /MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-00-030) 12 ,~'~ ~"~, COUNCILPERSON KEITH BIRD VOTED C(.t~~ COUNCILMAN TAMMY deWEERD VOTED C~. .C COUNCILMAN CHERIE McCANDLESS VOTED C~T MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED. DISAPPROVED: Copy serued upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: City Cler ms~Z:\Work\MU~teridian 15360M\Memorial Pet Care\CUPFindings30 Dated: ~--~~~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY LARRY ELD, DVM /MEMORIAL PET CARE CEMETERY ZONED I-L (CUP-00-030) - 13 !'\ BEFORE THE MERIDIAN CITY COUNCIL 07-20-00 IN THE MATTER OF THE APPLICATION OF ) LARRY ELD, DVM, FOR A CONDITIONAL ) USE PERMIT FOR A PET CEMETERY FOR ) MEMORIAL PET CARE I-L ZONE LOCATED ) AT 654 E. ICING STREET, MERIDIAN, IDAHO ) CASE NO. CUP-00-030 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 1st day of August, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant of the property is granted a conditional use permit for a pet cemetery for Memorial Pet Care, the proposed application request of a conditional use permit for the construction, development, maintenance and use for a pet cemetery for Memorial Pet Care, as described in the proposed "SITE PLAN" attached hereto as Exhibit "A", and consisting of one page, and incorporated herein as if set forth in full herein, for the development of the aforementioned development for a pet cemetery for Memorial Pet Care, and which property is described as: A parcel of land being a portion of Block 2 of MERIDIAN BUSINESS AND INDUSTRIAL PARK, a subdivision, as filed for record in Ada County, Idaho, which parcel is more particularly described as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT PAGE 1 OF 4 BY LARRY ELD, DVM, /PET CEMETERY FOR MEMORIAL PET CARE /CUP-00-030 ;~ Commencing at the Northwest corner of said Block 2, said point being common to East 5`'' Avenue, Bower Street, and said Block 2; thence South 89°32'46" East 347.72 feet to a point; thence North 00°29'06" East 41.77 feet to a point; thence South 89°33'57" East 33.00 feet to a point; thence North 00°29'06" East 164.38 feet to a point; thence South 88°29'01" East 546.78 feet along the Northerly boundary of said Block 2 to a point; thence South 00°31'11" West 291.68 feet to a point, said point being the REAL POINT OF BEGINNING; thence South 00°31'11" West 82.14 feet to a point; thence North 89°50'10" West 265.17 feet to a point; thence North 00°31' 11" East 82.14 feet to point; thence South 89°50' 10" East 265.17 feet to the POINT OF BEGINNING. 2. That the above named applicant is granted a conditional use permit for a pet cemetery for Memorial Pet Care, located at 654 E. Icing Street, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendation from the Meridian Fire Department as follows: 2.1 The gravel road shall meet the requirement to withstand a 70,000 lb. emergency vehicle. Adopt the Recommendations of the Planning and Zoning staff as follows: 2.2 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.3 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 2.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.5 No additional sewer or water services are required for this use. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT PAGE 2 OF 4 BY LARRY ELD, DVM, /PET CEMETERY FOR MEMORIAL PET CARE /CUP-00-030 ~~ 2.6 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 shall be submitted at the time of Certificate of Zoning Compliance and Building Permit application. 2.7 All trash areas are to be enclosed by a screening fence on at least three (3) sides. 2.8 All off-street parking areas and drive aisles shall be paved, as per City Ordinance. 2.9 The existing monument sign, located in the southwest corner of the site, shall 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. 2.10 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit shall need to be submitted and approved by the Zoning Administrator for any new owners/tenants. However, the Applicant was granted a variance from presently paving the driveway and parking lot at the City Council meeting of July 18, 2000, Case No. VAR-00- 012, for Memorial Pet Care Cemetery, but in the future if the neighbor paves its existing gravel driveways or parking areas, then the Applicant shall be required to pave the driveway and parking lot, and shall comply with the conditions as set forth below: Adopt the Recommendations of the Planning and Zoning staff as follows: 2.11 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 number of parking spaces shall be determined and approved, and then provided as required. 2.12 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 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT PAGE 3 OF 4 BY LARRY ELD, DVM, /PET CEMETERY FOR MEMORIAL PET CARE /CUP-00-030 ,~ ,r'~ Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ~ day of ~ , 2000. D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By Dated: ~-~ --{~~ msg/Z:\Work\M\Meridian 15360M\Memorial Pet Care\CUPOrder30 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT PAGE 4 OF 4 BY LARRY ELD, DVM, /PET CEMETERY FOR MEMORIAL PET CARE /CUP-00-030 ,~ ~ ~\ 5 ~ TE P~A.~ Q i V `3' `~ Z n H- O I ~ w I ~~ I~ 1 .. .~. I I ~ h V 1 i I 1 I \ I '~ I W I I ~ I ~ I ) ... r I ~ I ~ I 1 I Q ~ ~ I I a I „ I ~-, I ~ LyJ I I ~~-- I I ~ ~~ I ~ r I ~ I I ~ r- ~ I I i , I I ~ I I I I i I S I ~~ ~~, $tl~ , 8~ ~6~` v ~ .. ~'~ 1 V `. 1 I t I t~n } _... 1 V ri ~ _- -~ I i i /-- --- ~~----Y I I `. I }. I V ( ~ I ,j-; I NM ~ ' ~ ~ ~~ ~I 10 d i ~~ 1 `~/y~ ~I i I d 1 0 V I i !~- I ~ VI i ~~ii ~ y , ~n~ ~ 1d ¢J x V "' IN I ~ I v ~ I ` , , : ~ N I N ~ I I 1 t++ip (, l+J I O Z ` Sri J I I ~ I m (!f ~ ~ N I I ~ I co m C1 i 3 I i, i i I ~ Z` I y7 4C1 ; `~ F- Q O I ~ ~ ` ~ ~ ~ ~I O ~ O ~ ~ L`. I i I p ~ ~ I i b ~ I ~ ~ I ~ ~ _. --~~ I I ~ ~ ~ ,/ ~ ~, I Z _ I I i I ~ r ~ ' I ~ ~ i I ~ ~ I I I I i ~ I ~ I I ~~ I ~ ~ ~ ~I ~ ~ I ~ I ~I i I ~ I ~ I I~ I I I ! ~ I ~ ~ u ~ n I ~ ,e ~ ,~~ I h I I o ~ S V -~ -~ I ~------- - -------- ---+--- `~ ~ ------- --~ l'Z8 ---------~ - - - -- - - - -~----- 3 ,ll,1~.00 N C'y. ----------- --_- BEFORE THE MERIDIAN CITY COUNCIL 07-20-00 IN THE MATTER OF THE APPLICATION OF LARRY ELD, DVM, FOR A VARIANCE IN PAVING THE DRIVEWAY AND PARIQNG LOT FOR MEMORIAL PET CARE CEMETERY LOCATED AT 654 E. ICING STREET IN THE MERIDIAN BUSINESS PARK, MERIDIAN, IDAHO VAR-00-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on July 18, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Larry Eld, DVM, and no one appeared in .opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 1 of 10 ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM /MEMORIAL PET CARE / VAR-00-012 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps. 2. The requirements of Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Larry Eld, DVM, whose address is 11085 Thomas Drive, Boise, Idaho 83709. 4. The owner of the property is Larry Eld, DVM, whose address is 11085 Thomas Drive, Boise, Idaho 83709. 5. The location of the subject property is located in a Light Industrial zone located in the Meridian Business Park at 654 E. Icing Street, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, and is described as follows: A parcel of land being a portion of Block 2 of Meridian Business and Industrial Park, a subdivision, as filed for record in Ada County, Idaho, which parcel is more particularly described as follows: Commencing at the Northwest corner of said Block 2, said point being common to East 5~' Avenue, Bower Street, and said Block 2; thence South 89°32'46" East 347.72 feet to a point; thence North 00°29'06" East 41.77 feet to a point; thence South 89°33'57" East 33.00 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 2 of 10 ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM /MEMORIAL PET CARE / VAR-00-012 thence North 00°29'06" East 164.38 feet to a point; thence South 88°29'01" East 546.78 feet along the Northerly boundary of said Bloclc 2 to a point; thence South 00°31' 11" West 291.68 feet to a point, said point being the Real Point of Beginning; thence South 00°31'11" West 82.14 feet to a point; thence North 89°50' 10" West 265.17 feet to a point; thence North 00°31'11" East 82.14 feet to a point; thence South 89°50' 10" East 265.17 feet to the point of beginning; Together with anon-exclusive easement for ingress and egress over the following described parcel: A parcel of land being a portion of said Block 2, which parcel is more particularly described as follows: Commencing at the Northwest corner of said Block 2, said point being common to East 5`'' Avenue, Bower Street, and said Block 2; thence South 89°32'46" East 347.72 feet to a point; thence South 00°31'11" West 428.28 feet to a point; thence South 89°50' 10" East 284.42 feet to a point, said point being the Real Point of Beginning; thence South 89°50'10" East 50.00 feet to a point; thence North 10°48'23" West 101.86 feet to a point; thence North 00°31'11" East 229.69 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 3 of 10 ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM /MEMORIAL PET CARE / VAR-00-012 thence North 89°SO' 10" West 30.00 feet to a point; thence South 00°31'11" West 329.69 feet to the point of beginning. 7. The present land use of subject property is presently zoned as (I-L) Light Industrial District which has been used as a pet cremation service. 8. The proposed land use of subject property is to develop the subject property in the following manner: include a pet cemetery in the lawn area. 9. That a vicinity map, attached hereto as Exhibit "A", consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required has been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, § 11-13-4 D, DESIGN STANDARDS FOR OFF-STREET PARIQNG, PAVING and in the I-L zone, which provides as follows: 11-13-4 D PAVING: All open off-street parking areas shall be paved in accordance with the standards established by the City. 11. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement to pave the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 4 of 10 ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM /MEMORIAL PET CARE / VAR-00-012 /~ driveway and parking lot and to allow such areas to remain graveled. 13. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that the approximate cost of paving the area would be $25,000.00, and paving the area would increase the cost and make the small pet cemetery uneconomical. 14. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with are that the driveway into the subject property from Icing Street is gravel, and Handy Trucking's loading area is gravel and the impound yard is gravel. If the driveway and parking lot were to be paved it would result be an isolated piece of asphalt area surrounded by gravel. The gravel driveways were in place before purchase of the subject property. The current gravel driveway is comparable to the surrounding area. 15. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the neighboring properties have gravel driveways, impound yard and a gravel work yard. 16. The existence of special circumstances or conditions affecting the property is that there is no paving around the area and borders a gravel driveway, impound yard and work yard. 17. Granting the variance would maintain rights which would be afforded to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 5 of 10 ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM /MEMORIAL PET CARE / VAR-00-012 /'\ others in the same situation. /"1 18. The Comprehensive Plan for the Old Town District is to encourage its renewal and expansion of the Historical core, to delineate a centralized activity center, medium to high density uses is encouraged, to provide mix of activities necessary to establish a truly urban city center, but adequate parking and traffic flow is a concern. 19. The variance would allow the owner to maximize the potential site in order to generate a fair return on investment. 20. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 23. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 24. The applicant paid the fee established by the City Council for application vanance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 6 of 10 ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM /MEMORIAL PET CARE / VAR-00-012 /'~ Land Use Planr-ing Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code § 11-18. 3. .That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code § 11-18-2, and the findings which are required are set forth in Meridian City Code § 11- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 7 of 10 ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM /MEMORIAL PET CARE / VAR-00-012 ~ ~ a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, § 11-13-4 D, DESIGN STANDARDS FOR OFF- STREET PARIQNG, PAVING in the I-L zone provides as follows: 11-13-4 D PAVING: All open off-street parking areas shall be paved in accordance with the standards established by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance from the paving of the Design Standards for Off-Street Parking, Paving requirements for Memorial Pet Care Cemetery in I-L, but the gravel road shall meet the requirement to withstand a 70,000 lb. emergency vehicle. Additionally, in the future when the neighboring property owner paves its existing gravel driveways and parking areas, then the Applicant shall be required to pave his driveway and parking lot area for Memorial Pet Care Cemetery. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 8 of 10 ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM /MEMORIAL PET CARE / VAR-00-012 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Design Standards for Off-Street Parking, Paving in the I-L Zone as provided in the Section 11-13-4 D and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ ~ r day of ~'U.Gi u~~ , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD COUNCILPERSON TAMMY deWEERD VOTED~~ VOTED~P! COUNCILPERSON CHERIE McCANDLESS VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 9 of 10 ORDER OF DECISION GRANTING A VARIANCE BY LARRY ELD, DVM /MEMORIAL PET CARE / VAR-00-012 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department, and the City Attorney office. 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