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HomeMy WebLinkAboutPZ - Staff Report Page 1 HEARING DATE: 7/6/2023 TO: Planning & Zoning Commission FROM: Linda Ritter, Associate Planner 208-884-5533 SUBJECT: H-2023-0026 Milano Animal Care Facility CUP LOCATION: 3020 W. Milano Drive, near the northeast corner of Ten Mile Road and McMillan Road, in the SW 1/4 of the SW 1/4 of Section 26, Township 4N, Range 1W. (Parcel #R9010670030) I. PROJECT DESCRIPTION Conditional use permit request to operate an animal care facility offering general practices such as examinations, wellness visits, surgery, dental and x-ray procedures from a new 3,100 square-foot building on 0.75 acres of land in the L-O zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.75 acres Future Land Use Designation Office Existing Land Use(s) Vacant Proposed Land Use(s) Animal care facility Lots (# and type; bldg./common) One (1) vacant lot with proposed office/pet hospital Neighborhood meeting date; # of attendees: 3/9/2023 History (previous approvals) Verona Subdivision (AZ-03-005), DA #103097612; Verona Subdivision No. 3 Rezone (RZ-05-006); Verona Subdivision No. 3 FP (FP-05-046); DA Mod (MI-08-006, DA #108101152); H-2021-0080. TEN MILEMCMILLAN R-4 R-4 R-8 L-O R-15C-G L-O R-8 R-8 RUT C-C R-4 RUT C-C C-N R-8 R-8 L-O L-O RUT L-O [Legend Project Location STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 B. Community Metrics Description Details Page Ada County Highway District • Staff report (yes/no) Not at the time of report publication • Requires ACHD Commission Action (yes/no) No • Traffic Impact Study (yes/no) Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One (1) drive aisle access point to N. Cortona Way along the east boundary is proposed through an existing curb cut. This drive aisle is shown to continue west through adjacent sites and connect to an existing commercial drive aisle that has an access point to W. Milano Drive. Existing Road Network Public road network is existing adjacent to site (W. Milano Drive and N. Cortona Way); drive aisle network for unit access is not existing. C. Project Area Maps Future Land Use Map Aerial Map Medium Density Residential Low Density Residential Office Civic MU-C High Density ResidentialCommercialTEN MILEMCMILLAN [Legend Project Location TEN MILEMCMILLAN [Legend Project Location Page 3 III. APPLICANT INFORMATION A. Applicant: Latoysha Burton, Blue Frog, LLC – 3011 Sutton Gate Drive, Ste. 120, Suwanee, GA 30024 B. Owner: David Yorgenson, Timberland Building Partners LLC, 14254 W. Battenburg, Boise, ID, 83716 C. Representative: Same as Applicant IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Notification published in newspaper 6/20/2023 Notification mailed to property owners within 300’ 6/15/2023 Applicant posted public hearing notice sign on site 6/21/2023 Nextdoor posting 6/20/2023 V. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) This property is designated Office on the Future Land Use Map (FLUM) in the Comprehensive Plan. This designation is meant to provide opportunities for low-impact business areas. These uses would include professional offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks). Zoning Map Planned Development Map TEN MILEMCMILLAN R-4 R-4 R-8 L-O R-15C-G L-O R-8 RUT C-C RUT C-C C-N R-8 R-8 L-O RUT L-O [Legend Project Location Medium Density Residential Low Density Residential Office Civic MU-C High Density ResidentialCommercialTEN MILEMCMILLAN [Legend Project Location City Limits Planned Parcels Page 4 The property was annexed and zoned in 2003 to the R-8 zoning district. In 2005, a rezone application was approved to change the zoning to the current L-O zoning district. Consistent with this rezone, a final plat was approved for six (6) office lots as part of Verona Subdivision No. 3. The DA from 2008 is the relevant agreement for this site but did not have a concept plan for these lots. In lieu of a concept plan, the DA references specific limitations to the allowed commercial area and included a provision that a minimum of three (3) office buildings in this office development. This provision has been satisfied with the existing development of three (3) office buildings. In addition, specific elevations were included as part of the DA that the current proposal generally complies with. Staff notes, despite no Development Agreement Modification being required, the relevant DA contemplates all commercial uses within the subject office lots. To the east and north of the subject sites are detached single-family residential that are part of the Verona Subdivision. To the south is approximately 10 acres of C-G zoned property that includes a number of commercial properties under development. The existing use is on the hard corner of McMillan and Ten Mile and is a fuel service station and convenience store. Directly to the south and across W. Milano, the largest commercial parcel has approvals for a 164 unit 55 and older multi- family development. Staff anticipates future residents of that site could utilize the service of the proposed development. As the Applicant is proposing to develop a veterinary hospital offering general practices such as examinations, wellness visits, surgery, dental and x-ray procedures on this site. The proposed use is listed as a conditional use in the L-O zoning district in UDC Table 11-2B-2. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • “Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services.” (3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. • “Ensure that quality fire protection, rescue and emergency medical services are provided within Meridian.” (4.11.03) The proposed veterinary hospital is within a reasonable response time zone for emergency services. • “Require all new development to create a site design compatible with surrounding uses through buffering, screening, transitional densities, and other best site design practices.” (3.07.01A) There is an existing 6-foot tall fence and a 20-foot wide landscaped buffer along the north property boundary bordering the existing residential uses to assist in screening and buffering the proposed use. • “Encourage compatible uses and site design to minimize conflicts and maximize use of land.” (3.07.00) The proposed veterinary hospital is located adjacent to a residential neighborhood to the north and east. This development is within a low office area and the proposed use will not create conflicts between land uses as the uses. • “Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development.” Page 5 (3.03.03A) The proposed development will connect to City water and sewer systems; services are required to be provided to and through this development in accord with current City plans. • “Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, water and sewer utilities.” (3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development as proposed. Curb, gutter and sidewalks have already been installed for this development. • “Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits.” (4.05.03B) Development of the subject vacant land, currently in the City limits, is encouraged over parcels on the fringe of the City. The development of this property will result in better provision of City services. VI. UNIFIED DEVELOPMENT CODE ANALYSIS (UDC) A Conditional Use Permit is requested to develop a 3,100 square foot animal care facility offering general practices such as examinations, wellness visits, surgery, dental and x-ray procedures on 0.75- acres of land in the L-O zoning district as required by UDC Table 11-2B-2. See application narrative for more information. A. Existing Structures/Site Improvements: There are no existing structures on this site. Attached sidewalks and a twenty (20) foot landscaping buffer along N. Cortona Way have been installed. A twenty (20) foot landscape buffer has been installed on the north side of the property as it is adjacent to a residential neighborhood. B. Proposed Use Analysis: The proposed use “Animal Care Facility” is an allowed use with an approved conditional use permit. C. Specific Use Standards (UDC 11-4-3): 1. All animals shall be indoors at all times, except when being exercised. At such times, animals shall be under the supervision and direct control of a caretaker. The applicant is proposing to install two (2) wooden privacy fenced areas are located on the north and west side of the building to ensure animal safety. These areas will be used to walk the animals while in the hospital care in a safe environment and to prevent escape and/or injury to the animals. 2. The facility owner and/or operator shall comply with all state and local regulations relative to such a facility and shall maintain housekeeping practices designed to prevent the creation of a nuisance and to reduce noise and odor to a minimum. The animals will be indoors at all times except when exercising. All animal waste shall be maintained and discarded in a manner that minimizes odor. The applicant will need to coordinate with Republic Services for the appropriate size and location of the proposed trash enclosure and relocate to it to an area that is away from the residential development. Page 6 D. Dimensional Standards (UDC 11-2): The proposal meets the dimensional standards for setbacks, landscape buffers, parking requirements, landscape requirements and maximum building height. E. Hours of Operations (UDC 11-2B-3B): Business hours of operation within the L-O and C-N Districts shall be limited from 6:00 a.m. to 10:00 p.m. The applicant is proposing to operate the business within the following hours: Monday through Friday - 7 a.m. to 6 p.m.; Saturday - 8 a.m. to 12 p.m. F. Access (UDC 11-3A-3, 11-3H-4): Access for the proposed project has been installed along the south side of the property and connects to N. Cortona Way, which is a residential neighborhood street, along the east boundary of the site. This is the only direct access to a public street for the project. The applicant will be required to construct the entire length and width of the two-way drive aisle along the southern border of the property. G. Parking (UDC 11-3C): Off-street vehicle parking is required per the standards listed in UDC 11-3C-6B.1. Based on the 3,100 square-foot facility, a minimum of 6 parking spaces are required. A total of 14 spaces are proposed, in excess of UDC standards. H. Sidewalks (UDC 11-3A-17): Sidewalks along N. Cortona Way currently exist for this development. I. Landscaping (UDC 11-3B): Interior landscaping is being proposed. See the attached landscape plan in Section VIII(B). J. Fencing (UDC 11-3A-6, 11-3A-7): There is an existing six (6) foot fence on the north side of the property separating the adjacent residential neighborhood from the proposed commercial use. K. Utilities (UDC 11-3A-21): Water and sewer services were installed with the construction of N. Cortona Way and stubbed to the parcel. Street lights were installed to the east across N. Cortona Way with the construction of N. Cortona Way. No additional street lights are being proposed with this development. There are existing fire hydrants at the corner of W. Milano Drive and N. Cortona and Way N. Cortona Way and W. Wapoot Street. L. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VIII(C). Building materials consist of hardi board trim, hardi board lap siding, hardi board fascia, hardi board shake siding, synthetic stone sill, synthetic stone wainscot, and shingle roof. Final design is required to comply with the design standards in the Architectural Standards Manual and recorded development agreement. Page 7 VII. DECISION A. Staff: Staff recommends approval of the conditional use permit with the conditions noted in Section IX below. VIII. EXHIBITS A. Site Plan (date: 6/8/2023) Page 8 B. Landscape Plan (date: 6/9/2023) Page 9 C. Building Elevations – Front and Right (date: 12/13/2022) Page 10 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Future development of this site shall comply with the previous conditions of approval and terms of the existing Development Agreement and the conditions contained herein [AZ-03- 005, DA #103097612; RZ-05-006; FP-05-046; MI-08-006, DA Inst. # 108101152; H-2021- 0080]. 2. The proposed project shall comply with the standards listed in UDC 11-4-3-22 for animal care facilities. 3. The site and landscaping plans shall depict the location and a detail of the bicycle rack that complies with the location and design standards listed in UDC 11-3C-5C. 4. The hours of operations shall be limited to 6:00 a.m. to 10:00 p.m. per UDC 11-2B-3B. 5. The applicant shall construct the entire length and width of the two-way drive aisle along the southern border of the property prior to occupancy. 6. Protect the existing landscaping on the site during construction, per UDC 11-3B-10. 7. The area labeled future parking on the site plan is not been approved for parking until the area is approved per the standards set forth in UDC 11-3C-5B. 8. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structures shall comply with the standards listed in UDC 11-3A-19; the design standards listed in the Architectural Standards Manual. 9. The applicant shall coordinate with Republic Services for the appropriate size and location of the proposed trash enclosure. The trash enclosure shall be relocated away from the residential development. 10. The conditional use permit is valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B-6F. B. FIRE 1. Must meet final approval for subsequent future buildings for permitted process. 2. Must meet current IFC codes. C. PUBLIC WORKS 1. Ensure no sewer services pass through infiltration trenches. 2. Call out removal of the blow off. D. Ada County Highway District (ACHD) 1. Click on link to review comments. E. Idaho Transportation Department (ITD) Page 11 1. Click on link to review comments. X. FINDINGS Conditional Use (UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds the site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff finds the proposed veterinary hospital will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section IX of this report. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds the proposed design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section IX of this report. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or 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. Staff finds the proposed use will not be detrimental to any persons, property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: Page 12 a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable.