HomeMy WebLinkAboutMills Vet Clinic CUP-08-026~a.r
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
,,
In the Matter of Conditional Use Permit to Operate an Animal Care Facility in an L-O
Zoning District for Mills Veterinary Clinic, by Dave Evans Construction
Case No(s). CUR08-026
For the Planning and Zoning Commission Hearing Date of: October 16, 2008 (Findings on
November 6, 2008)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of October 16, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 16, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October
16, 2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of October 16, 2008, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §d7-6803).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-026
Page 1
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Chairman of the Commission and City Clerk and then a copy
served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of October 16, 2008, incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Conditional User Fermit as evidenced by having submitted the Site
Plan attached in Exhibit A of the staff report dated October 16, 2008, is hereby
conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of October 15, 2008, incorporated by reference.
D. Notice of Applicable Tirne Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months 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 ar in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension afthe
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission maybe granted. With all extensions, the Director or Commission may
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-OS-026
Page 2
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Cade 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not zxLOre than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of October 16, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-026
Pale 3
1tJ
By actin of the Flanning & Zoning Commission at its regular meeting held on the
day of , 2008.
COMMISSIONER DAVID MOE VOTED~~.Q~
(Chair)
COMMISSIONER MICHAEL ROHM VOTED
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED~S2.~
COMMISSIONER TOM O'BRIEN VOTED
COMMISSIONER JOE MARSHALL VOTED
CHAIRMAN $.Aw~H
Attest:
ara Green, Deputy City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By: ~. ~ Dated:
City Clerk's Office
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-026
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008
STAFF REPORT Hearing Date: October 16, 2008
TO: Planning & Zoning Commission ~j T
FROM: Bill Parsons, Associate City Planner L jI~IAN '~'
(208) 884-5533 ! ~ a ,t~. ~~, w;a~
SUBrECT: Mills Veterinary Clinic
• CUP-08-026
Conditional Use Permit for the operation of an animal care facility in an L-O
zoning district, by Dave Evans Construction
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Dave Evans Construction, is requesting Conditional Use Permit (CUP) approval to
operate an animal care facility in an L-O (Limited Office) zoning district. Per UDC 11-2B-2, animal
care facilities require CUP approval in the L-O zoning district. It is important to note, Staff has
approved a CZC for an 2,491 square foot office shell on the subject site, however, the applicant is
proposing an animal care facility use on the site which requires approval of this Conditional Use
Permit (CUP-08-026).The site consists of 0.30 acres and is located at 3220 N. Meridian Road, on the
northeast corner of Meridian Road and Ustick Road.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUP application below. Staff recommends
approval of CUP-08-026 for the Mills Veterinary Clinic, as presented in the Staff Report for the
hearing date of October 16, 2008, based on the Findings of Fact as listed in Exhibit C and
subject to the conditions listed in Exhibit S. The Meridian Planning and Zoning Commission
heard this item on October 16, 200$. At the public hearing, the Commission voted to aunrove
CUP-08-026.
a. Summary of Commission Public Heari, nom,
i. In favor: Doug Mills, Rob Powell
ii. In opposition: None
iii. Commenting: None
iv. Written testimony; None
v. Staff resentin a lication: Bill Parsons
vi. Other staff comntentin~,on application: C_a_leb Hood, Ted Baird
b. Key Issues of Discussion by Commission:
i. The outdoor et area restricted b the UDC.
ii. UDC text amendment to define and clarif the outdoor et areas/walkin areas
associated with animal care facilities in UDC 11-4-3-1.
c. Kev Commission Changes to Staff Recommendation:,
i. None
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08-
026, as presented in the staff report for the hearing date of October 16, 2008, with the following
modifications to the conditions of approval: (add any proposed modifications). Ifurther move to
direct Staff to prepare an appropriate findings document to be considered at the next Planning and
Zoning Comrission hearing on November 6, 2008.
Mills Vet Clinic CUP-08-026 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPQRT FOR THE HEARING DATE OF OCTOBER 16, 2008
Denial
After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-08-026,
as presented during the hearing on October 16, 2008, for the following reasons: (you should state
specific reasons for denial anal what the applicant could do to obtain your approval in the future). I
further move to direct Staff to prepare an appropriate findings document to be considered at the next
Planning and Zoning Commission hearing on November 6, 2008.
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP-
08-026 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3220 E. Meridian Road (Parcel # 88222390070)
Lot 50, Block 7 of Sundance Subdivision No. 5
Southwest'/ of Section 31, T4N, R1E
b. Owner:
Settlers Crossing, LLC/Dave Evans Construction
7761 West Riverside Dr. Suite 100
Boise, ID 83714
c. Applicant /Contact:
Scott Grady, Dave Evans Construction
7761 West Riverside Dr. Suite 100
Boise, ID 83714
d. Present Zoning: L-O
e. Present Comprehensive Plan Designation: Office
f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP)
approval to operate an animal care facility in an existing L-O zoning district.
1. Date of Site Plan (Exhibit A): August 21, 2008
2. Landscape Plan (Exhibit A): August, 2008
3. Building Elevations (Exhibit A): August 12, 2008
5. PROCESS FACTS
a. The subject application will, in fact, constitute a conditional use per City Ordinance. By reason of
the provisions of UDC 11-SB-6, a public hearing is required before the Planning and Zoning
Commission on this matter.
b. Newspaper notifications published on: September 29, 2008 and October 13, 2008
c. Radius notices mailed to properties within 300 feet on: September 19, 2008
d. Applicant posted notice on site by: October 6, 2008
6. LAND USE
Mills Vet Clinic CUP-08-026 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TFiE HEARING BATE OF OCTOB>/R 16, 2008
a. Existing Land Use(s): Vacant.
b. Description of Character of Surrounding Area: This area is transitioning into an office area and is
provides a buffer for the existing residential subdivisions to the north and east of the subject site.
There are various other office uses that exist within the same subdivision on the subject site.
c. Adjacent Land Use and Zoning to the subject office park:
1. North: Residential, zoned R-$
2. East: Residential, zoned R-8
3. South: Residential, zoned R6 (Ada County)
4. West: Settler's Park, zoned L-O
d. History of Previous Actions:
This property was approved for office uses, as a use exception to the residential portion of the
development, as part of a PUD far Sundance in 2002. The first subdivision approved on this
property allowed for 4 office lots within Sundance Subdivision No. 3. Sundance Subdivision No.
S (aka Settlers Crossing) is a re-subdivision of the 4 office lots, Lots 21, 22, 25, and 26 of
Sundance Subdivision No. 3. In 2006 City Council approved a rezone of 5.4 acres from R-8
(Medium Density Residential) to L-O (Limited Office); preliminary plat (PP-06-014) of 12 office
building lots; and Conditional Use Permit (CUP-06-011) to modify CUP-O1-026 to allow the
addition of 8 building lots and change the building pad layouts and parking configuration. An
addendum to the Development Agreement (MI-06-001) was also recorded to reflect the changes
mentioned above. The final plat for Sundance Subdivision No. 5 (FF-06-042) was approved in
2006. A CZC (CZC-08-088) for an office shell has been approved for the subject site.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Sewer for this project was installed with Sundance # 5.
Location of water: Water for this project was instilled with Sundance # 5.
Issues or concerns: None.
2. Vegetation: N/A
3. Floodplain: N/A
4. Canals/Ditches Irrigation: N/A
5. Hazards: N/A
6. Existing Zoning: L-O
7. Lot Size: 0.30 acres
f. Conditional Use Information: Procurement of a CUP is required for animal care facilities located
within the L-O zoning district.
1. Non-residential square footage: 2,491 square feet
2. Proposed maximum building height: Approximately 20 feet (see Exhibit A -Building
Elevations)
3. Number of residential units: N/A
4. Proposed Hours of Operation: Monday-Friday 6:00 a.m. to 6:00 p.m.; Saturday 8:00 a.m. to
1:00 p.rn, and no overnight boarding of animals
Mills Vet Clinic CUP-08-026 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008
g. Off-Street Parking:
1. Parking spaces required: 5
2. Parking spaces proposed: 10 on site parking stalls (CCR's grant shared parking and access)
3. Compact spaces proposed: 0
h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to
the subject site will be primarily from Meridian Road, north of the site, and Ustick Road,
southeast of the site. Neither of these access points are on the subject property. There is an
existing cross-access easement for all of the lots within this development to share drive aisles
to/from the public streets. There is also interconnectivity from the existing residential
neighborhood to the east of the subject property (Sundance Subdivision No. 3). These access
points were reviewed and approved by the City and ACHD with the platting of Sundance
Subdivision No. 5.
7. COMMENTS MEETING
On September 25, 2008, a joint agency and departments meeting was held with service providers in
this area. The agencies and departments present included: Meridian Fire Department, Meridian Public
Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has
included comments, conditions, and recommended actions in Exhibit B below.
8. COMPREHENSTVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as `O~ce'. In
Chapter VII of the Comprehensive Plan, `Office' areas are anticipated to provide opportunities far
low-impact business areas. Uses would include offices, technology and resource centers; ancillary
commercial uses may be considered (particularly within research and development centers of
techriological parks).
Staff finds that the request generally conforms to the stated purpose, intent, and standards of the
Office land use category within the Comprehensive Plan. Staff finds the following Comprehensive
Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):
• "Permit new ...commercial development only where urban services can be reasonably provided
at the time of final approval and develapment is contiguous to the City." (Chapter N, Goal I,
Objective A, Action item 6)
The subject site can be serviced by. the City of Meridian's sanitary sewer and water systems, and
all other urban services.
• "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III,
Objective D, Action 5)
Staff is conditioning approval of the subject CUP upon the applicant installing and maintaining
landscaping on this site. The street buffer landscaping and parking lat landscaping was installed
with previous applications.
• "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII,
Goal 1, Objective B)
Staff believes that the proposed use will be a benefit to the surrounding residential communities
in the area.
Mills Vet Clinic CUP-08-026 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008
Staff believes that the proposed use is consistent with the Comprehensive Plan. Staff recommends
that the Commission rely on any verbal or written testimony that may be provided at the public
hearing when determining if the applicant's request is appropriate far this property.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and
conditional uses in the L-O zoning district. Animal care facilities are a conditional use in the L-O
zoning district with the Specific Use Standards listed in UDC 11-4-3-1 (see Section 10, Analysis,
for specific use standards).
b. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accord with the Meridian Comprehensive Flan. Four
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district
proximity to streets and highways.
c. Dimensional standards for the L-O zoning district, per UDC Table 11-2B-3:
ona an ar s
' ~.
- C
-G ~ L-O
~T__n --
--
M-E H-E
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Front setback (in feet) _~_~_.~~..~m..,..r._. _.__
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Rear setback (in feet)
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:_,.-_.~-__tback in feet) -
Interior side se__._,_. I----=~._._....~.._0 _-_:_.-----.-..~.~:.._..~
I
,.~m_..._...._..~ _.
2
C 10/5 .
~~...0 ~--
Street landscape buffer (in feet):
-._~ . _ ~... _ _--- -_....~..._. m..~v~._- ~
-
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Local 1
0 __ _
Collector 20
Arterial
:
m
= 25
.
-
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---__....._
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35
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'Landscape buffer to residential uses (in ~_~.._..~ ~.
20 -----
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20/10 ._._. _..,
See note 4
feet)3
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'Maximum building height (in feet)
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50 65
I X35 ~
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65 95
.Maximum building size without design 7,500 60,000 200,000 ~ 10,000 _ See note 4
standard approval as set forth in section 11-
A-19 of this title (in square feet) 5 f
Forking requirements See cha ter 3 article C, "Off Street Parking And
~_~.
.m._..__....._.~
_. Loading Requirements", of this title
.
.
_ _m..-,-. ---_.,
,
Landscaping requrrements m_.m_
See chapter 3, article B Landscaping
~_~mm..
, Requirements" of this title
Notes:
1. All setbacks shall be measured from the ultimate right of way for the street classification as
shown on the adopted transportation plan.
2. Minimum setback only allowed with reuse of existing residential structure.
3. Where the adjacent property is vacant, the director shall determine the adjacent property
designation based on the comprehensive plan designation.
4. Subject to design guidelines in ten mile interchange specific area plan.
Mills Vet Clinic CiJP-0$-026 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the
proposed CUP request as presented in the staff report, with the following comments:
CUP: The applicant is proposing to construct a 2,491 square foot to operate an animal care
facility building Per UDC 11-28-2; an animal care facility requires conditional use permit
approval in the L-O zoning district. Further, Specific Use Standards apply to this type of use as
follows:
Specific Use Standards for an Animal Care Facility, per UDC 11-4-3-1:
A. All animals shall be indoors at all times. On the submitted landscape plan the
applicant has depicted a 6 foot vinyl fence enclosure on the east side of the
building. This area is identified on the plan as a pet walking area. Based on this
standard, staff is not supportive of the outdoor area.
B. 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. As a
condition of approval the ,facility owner will be required to comply with this
standard.
Dimensional Standards: The applicant shall comply with the dimensional standards listed in
UDC 11-2B-3 for the L-O zoning district. Staff has reviewed the site plan submitted with this
application and found it to comply with the required dimensional standards of the L-O zoning
district. These standards are attached in Section 9c. above.
Building Elevations: The Applicant has submitted elevations for the proposed 2,491 square foot
building (See Exhibit A). Proposed building materials include concrete the roofing and stucco
with stone accented columns. These elevations are similar to the existing buildings in this
development. Staff is generally supportive of the proposed elevations, prepared by Dave Evans
Construction, dated August 12, 2008.
Access: Primary access to the subject site will be from three access points. The northern access
to the subject site will be from Meridian Road and southern access from Ustick Road, across
other lots in the development. There is also interconnectivity from the existing residential
neighborhood to the east of the subject property (Sundance Subdivision No. 3). These access
points were evaluated and approved with the Sundance Subdivision No. 5. Staff is supportive of
the access to the proposed development.
Parking: Per UDC 11-3C-6, one vehicle parking space per 500 square feet of gross floor area is
required in commercial districts. The building totals 2,491 square feet; thus, 5 parking spaces are
required. The applicant is proposing 10 parking spaces on the site which complies with this
requirement. Further, the parking stalls met the dimensional standards of the UDC (9' X 19').
However, the site plan depicts a 5-foot adjacent to the parking stalls. Per UDC 11-3C-SB3, the
parking stalls adjacent to the buildings shall provide substantial wheel restraints to prevent cars
from encroaching beyond the stall area onto the sidewalk or the sidewalk may be widened to 7
feet to allow for overhang in this area. The applicant should either widen the sidewalk to 7
feet or provide a wheel stops to keep cars from overhanging the 5-foot sidewalk.
Mills Vet Clinic CUP-OS-026 Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008
Additionally, UDC 11-3C-6G requires that one bicycle parking space be provided for every
25 vehicle parking spaces or a portion there of. Provide a minimum 1-park bicycle rack on
this site.
Site Plan: Staff has reviewed the site plan (prepared by Dave Evans, dated S/21/08, labeled as
Sheet 1), included in Exhibit A; submitted with this application and found the following items
that need to be complied with:
Per UDC 11-3C-6G, provide a minimum of 1 bicycle parking space on the site in
compliance with the standards listed in UDC 11-3C-SC.
• Per UDC 11-3C-SB3, the parking stalls adjacent to the building shall provide substantial
wheel restraints to prevent cars from encroaching beyond the stall area onto the sidewalk
or the sidewalk maybe widened to 7 feet to allow for overhang in this area.
NOTE: The above noted revisions were also a requirement for approval of the subject office
shell CZC (CZC 08-088). The applicant should also be advised the parking on the south side of
the lot and the adjacent lot to east depict 14 parking stalls in a row Staff went to the site and
aforementioned parking stalls have not $een installed. The UDC requires landscape planter
islands are required per every 12 parking stalls. The applicant will be responsible in the future
to install an additional planter island to comply with this requirement in the future.
Landscaping: All perimeter landscaping and associated parking lot landscaping were approved
with Sundance Subdivision No. 5 fmal plat (FP-06-042). The existing landscaping shall remain
protected during construction on the site. The applicant is also proposing additional plantings
along the perimeter of the future building. The landscape plan prepared by Dave Evans
Construction, on August, 2008, and labeled Sheet 1, generally complies with the UDC
landscaping requirements. However, the applicant has depicted a pet walking area on the
submitted landscape plan. UDC 11-4-3-11A requires all animals to remain indoors at all
times. The applicant should remove the outdoor pet area from the submitted landscape plan
to comply with this requirement of the UDC.
A written certificate of completion must be prepared by the landscape architect, designer, or
qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the
building. All standards of installation shall apply as listed in UDC 11-3B-14.
Hours of Operation: The proposed hours of operation for the proposed vet clinic use are from 8
am to 6 pm Monday through Friday and 8 am to 1 pm orx Saturday. 1n addition no overnight
boarding of animals should be allowed on this site. Staff is supportive of the proposed hours for
the site provided no overnight boarding commences on this site.
Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC)
permit is to ensure that all construction, alterations and/or the establishment of a new use
complies with all of the provisions of the UDC before any work on the structure is started and/or
the use is established (UDC 11-SB-1A). To ensure that all of the conditions of approval listed in
Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the
Planning Department prior to establishing a animal care facility on this site. A11 improvements
must be installed prior to occupancy. It is important to note, Staff has already approved a CZC
(CZC-08-088) for an ofjce shell on the subject site however; the applicant is proposing an
animal care facility which requires approval of this Conditional Use Permit (CUP-08-026).A
new/revised CZC is oat necessary.
b. Staff Recommendation: Staff recommends approval of CUP-08-026 for an animal care
facility iu the L-O zoning district for Mills Veterinary Clinic, as presented in the Staff Report
Mills Vet Clinic CUP-OS-026 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE FEARING DATE OF OCTOBER 16, 2008
for the hearing date of October 16, 2008, based on the Findings of Fact as listed in Exhibit C
and subject to the conditions of approval listed in Exhibit S. The Meridian Planning and
Zonin Commission heard this item on October 16 2008. At the ublic hearin the
Commission voted to approve CUP-08-026.
11. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site flan
3. Landscape Plan
4. Building Elevations
B. Conditions of Approval
1. Planning Departrnent
2. Public Works Departrnent
3. Fire Department
4. Police Departrnent
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from UDC
Mills Vet Clinic CUP-08-026 Page 8
CITY OF MERIDIAN FLANKING DEPARTMENT STAFF REPQRT FOR THE HEARING DATE pF OCTOBER 16, 2008
A. Drawings
1. Vicinity Map
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Exhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE NEARING DATE OF OCTOBER 16, 2008
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Exhibit A Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008
3. Landscape Plan
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Exhibit A Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTQBER 16, 2008
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Exhibit A Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER l6, 2008
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The Applicant shall comply with all conditions of approval for Conditional Use Permit (CUP-06-
O11), Certificate of Zoning Compliance (CZC-08-088), Preliminary Plat (PP-06-014) and Final
Plat (FP-06-042) of Sundance Subdivision No. 5. The Site Plan labeled Sheet 1, prepared by
Dave Evans Construction, and dated August 21, 2008, is approved subject to the conditions listed
below.
• Provide a minimum 1-park bicycle rack an this site.
• Per UDC 11-3C-SB3, the parking stalls adjacent to the building shall provide substantial
wheel restraints to prevent cars from encroaching beyond the stall area onto the sidewalk
or- the sidewalk maybe widened to 7 feet to allow for overhang in this area.
1.2 The landscape plan prepared by Dave Evans Construction., on August, 2008, labeled Sheet 1, is
approved with the following notes:
• All perimeter and planter landscaping for Sundance Subdivision No. S shall be protected
during construction.
• A written certificate of completion shall be prepared by the landscape architect, designer,
or qualified nurseryman responsible for the landscape plan and submitted prior to
occupancy of the building. All standards of installation shall apply as listed in UDC 11-
3B-14.
• The applicant shall remove the outdoor pet area from the submitted landscape plan
to comply with the restriction of having animals inside at all times (UDC 11-4-3-1).
1.3 The building elevations, prepared by Dave Evans Construction, dated $/12/2008, are approved.
1.4 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing
surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the
required improvements. A bid must accompany any request for temporary occupancy.
1.5 No signs are approved with this CUP application. All business signs require a separate sigri
permit in compliance with the sign ordinance.
1.6 The Applicant shall have a maximum of 1 S months to commence the use as permitted in accord
with the conditions of approval listed above. if the business has not begun within 18 months of
approval, a new conditional use permit must be obtained prior to operation.
1.7 The applicant shall comply with the Specific Use Standards for an Animal Care Facility listed in
UDC 11-4-3-1 as follows:
a. All animals shall be indoors at all times.
b. 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.
1.8 The hours of operation for the proposed use shall not exceed the hours from 8 am to 6 pm
Monday through Friday and 8 am to 1 pm on Saturday. Overnight boarding of animals shall be
prohibited.
Exhibit B _ I _
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER I6, 2008
1.9 Staff s failure to cite specific ordinance provisions or terms of the approved CUP does not relieve
the Applicant of responsibility for compliance.
1.10 Because this building has been approved for an office shell, the applicant shall coordinate the
change in occupancy class with the Building Department, if required.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 Operational fire hydrants, temporary ar permanent. street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.2 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.3 Provide a Knox box entry system for the complex prior to occupancy.
3.4 The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection.
3.5 There shall be a fire hydrant within 100' of all file department connections.
3.6 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns with the site design as submitted with the application.
6. SANITARY SERVICES COMPANY
6.1 SSC has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
Exhibit I3 _2 _
C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008
C. Required Conditional Use Permit Findings from UDC
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.
The existing site is large enough to accommodate the proposed use and comply with the
dimensional and development regulations of the L-O zoning district.
Staff recommends the Commission rely on Staff's analysis and any oral or written public
testimony provided when determining if this 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.
The Commission finds that the Comprehensive Plan Future Land Use Map designation for this
property is Office. The property is currently zoned L-O, which complies this designation. The
proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10
above for more information regarding the requirements for this use).
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.
The Comrnissipn fiuds that, if the Applicant complies with the conditions outlined in this report,
the operation of the proposed use should be compatible with other uses in the general
neighborhood and with the existing and intended character of the area. Further, the Commission
believes that the proposed use 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.
The Commission fords that, if .the Applicant complies with the canditions outlined in this report,
the proposed use will not adversely affect other property in the area. The Comuxtission should rely
upon any public testimony provided to determine if the development will adversely affect the
other property in the vicinity.
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.
The Commission finds that the site will be adequately served by the previously mentioned public
facilities and services.
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.
if approved, the Applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
7. That the proposed use will not involve activities or processes, materials, equipment and
canditions of operation that will be detrimeutal to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
Exhibit C - 1 -
CITY OF MERCDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2008
The Commission recognizes that traffic and noise is a concern; however, the Conuxiission does
not believe that the amount generated by the proposed new use of the property will be detrimental
to any persons, property, or the. general welfare of the public. The Commission does not
anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors.
$. That the proposed use will not result in the destruction, loss or damage of a natural, scenic,
or historic feature considered to he of major importance.
The Commission fmds that there should not be any health, safety or envirozunental problems
associated with the proposed use that should be brought to the Commission's attention. The
Commission finds that the proposed use will not result in the destruction, loss or damage of any
natural, scenic, or historic feature of major importance.
Exhibit C _ 2 _