HomeMy WebLinkAboutP&Z Recommendations and Staff ReportSCANNED
STAFF REPORT Hearing Date: September 22, 2009
TO: Mayor & City Council E IDIAN:---
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: AZ-09-002; CUP-09-007; CPA-09-004; VAR-09-003
Treasure Valley Veterinary Hospital
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Rick Shackelford, has applied for the following: Annexation and Zoning (AZ)
approval of 2.52 acres of land from the RUT zoning district in Ada County to the L-O (Limited
Office District) zoning district in the City; a Conditional Use Permit (CUP) for approval of a 1,504
square foot addition to the existing 2,1 12 square foot veterinary hospital; and an amendment to the
Comprehensive Plan Future Land Use Map is proposed to change the land use designation of the
property from Low Density Residential to Office.
Before the Commission hearing on the above applications, the applicant submitted a request for a
Variance (VAR-09-003) to allow the two existing full access driveways to the site from State
Highway (SH) 69 to remain on a temporary basis until the remainder of the property develops. At
such time, access to SH 69 will be closed and access to the property will be provided via Edmonds
court. See Section 10 of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff is recommending approval of the proposed AZ, CUP, and CPA applications with the conditions
and Development Agreement provisions listed in Exhibit B and denial of the VAR application, based
on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning & Zoning Commission heard these items on August 20, 2009. At the
public hearing they voted to recommend approval of the subject AZ, CUP, and CPA request.
a. Summary of Commission Public Hearing:
i. In favor: Ross Erickson
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: A letter was submitted by the applicant in response to the staff
report.
v. Staff presenting application: Sonya Waters
vi. Other staff commenting on application: Pete Friedman; Scott Steckline
b. Key Issue(s) of Discussion by Commission:
i. The timing and location of the cross-access easement to the property to the north;
ii. The clarifications and modifications to the development agreement requested by the
applicant.
c. Key Commission Change(s) to Staff Recommendation:
i. Clarify in the DA (see provision #e and #il the landscape buffers along the east, south,
and undeveloped portion of the west boundary, including the 10-foot wide multi-use
pathway, will not be required with expansion of the veterinary clinic but will be
required in the future when the remainder of the site develops.
d. Outstanding Issue(s) for City Council:
i. The timing of the reguirementfor across-access easement agreement with the property
to the north (see DA provision #g). The applicant is unsure where the cross-access will
Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE
ultimately be located until the remainder of the site develogs and doesn't wish to grant a
blanket easement at this time. Tfze City Attorney (Mr. Baird) suQ~ests the foflowin~
fan~lua,~e: "Relocation Reservation. Tftis Easement is beintl ~=muted prior to tfte
development oftfte Grantor's Property. The Grruztor has no obliQalion to make
improvements upon the Grantor's Property for the Easement. Grantor fzereby reserves the
right to relocate the Easement upon the Grantor's Property either before or after tfze
development oftfte Grantor's Property, upon tlzirlV days' prior written notice to Grantee.
The parties then agree to execute, deliver and record an amendment to this document to
evidence the relocation. "
III. PROPOSED MOTION
Approval/Denial
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-09-
002, CUP-09-007, and CPA-09-004; and deny File Number VAR-09-003, as presented in the staff
report for the hearing date of September 22, 2009 with the following modifications: (Add any
proposed modifications.)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-09-
002, CUP-09-007, and CPA-09-004 as presented in the staff report for the hearing date of September
22, 2009, and VAR-09-003, as presented dw-ing the hearing on September 22, 2009 with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-09-002,
CUP-09-007, and CPA-09-004 as presented during the hearing on September 22, 2009, and deny
VAR-09-003, as presented in the staff report for the hearing date of September 22, 2009 for the
following reasons: (You should state specific reasons for denial of the annexation.)
Continuance
I move to continue File Numbers AZ-09-002, CUP-09-007, CPA-09-004, and VAR-09-003, to the
hearing date of (insert continued hearing date here) for the following reason(s): (You should state
specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 2600 S. Meridian Road, in the southwest'/4 of Section 1, Township 3 North,
Range 1 West.
B. Owner(s):
Rick and Theresa Shackelford
2600 S. Meridian Road
Meridian, ID 83642
C. Applicant:
Rick Shackelford
2600 S. Meridian Road
Meridian, ID 83642
D. Representative:
`treasure Valley Veterinary Hospital AZ CUP CPA VAR
PAGE 2
Ross Erickson, P.E., Erickson Civil, h1c.
9543 W. Emerald Street, Suite 102
Boise, ID 83704
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation, conditional use permit, an amendment to the
comprehensive plan future land use map, and a variance. A public hearing is required before the
Planning & Zoning Commission and City Council on this matter, consistent with Meridian City
Code Title 1 1, Chapter 5.
B. Newspaper notifications published on: August 3, and 17, 2009 (Commission); August 31, and
September 14, 2009 (City Council)
C. Radius notices mailed to properties within 300 feet on: July 23, 2009 (Commission); August 28,
2009 (City Council)
D. A public service announcement was broadcast faxed on: July 23, 2009 (Commission); August 28,
2009 (City Council)
E. Applicant posted notice on site by: August 10, 2009 (Commission); September 12, 2009 (City
Council
VL LAND USE
A. Existing Land Use(s) and Zoning: There is currently a veterinary hospital on this site.
B. Character of Su--rounding Area and Adjacent Land Use and Zoning: This site is currently
surrounded by rural residential, office, and church uses.
1. North: Office, zoned L-O
2. East: Rural residential property, zoned R-8
3. South: Rural residential property, zoned RUT (Ada County)
4. West: Church, zoned C-G
C. History of Previous Actions:
• This property was previously platted in 1985 as Lot 2, Block 1, Volkman Subdivision.
• A conditional use permit was approved by Ada County (file #8472CU) in 1984 for the
existing 2,112 square foot veterinary hospital currently in operation on this property.
• A cell tower was approved on the site by Ada County in 2005 (file #OS-37CU).
• Another cell tower was approved on the site by Ada County in 2007 (file #07-0023000).
D. Utilities:
1. Public Works:
a. Location of sewer: This property will sewer to a manhole approximately 260 feet south of
the applicants South property line in S Meridian Road.
b. Location of water: S Meridian Road.
c. Issues or concerns: None
Treasure Valley Veterinary Hospital A1, CUP CPA VAR PAVE 3
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
Access: Two driveways currently exist to this site from S. Meridian Road; both driveways are
proposed to be retained on the site plan. See Analysis, Section IX, below for more information.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This site is designated as '`Low Density Residential" on the Comprehensive Plan Future Land Use
Map. The applicant is proposing to change the future land use map designation for this property from
Low Density Residential to Office.
Per Chapter VH of the Comprehensive Plan, the requested "Office°' designation "provides
opportunities for low-impact business areas. These would include offices, technology and resource
centers; ancillary commercial uses may be considered (particularly within research and development
centers or technological parks)."
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
The City of Meridian plans to provide municipal services to the lands proposed to be annexed in
the following manner:
- Sanitary sewer and water service will he extended to the site at the developer's expense.
- The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department,
who currently shares resource and personnel with the Meridian Rural Fire Department.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will he serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD) and Idaho Transportation Department (ITD). This service
will not change.
- The subject lands are currently serviced by the Meridian School District No. 2. This service
will not change.
Y The subject lands are currently serviced by the Meridian Library District. This service will
not change and the Meridian Library District should suffer no revenue loss as a result of~the
subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
• Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a commercial zoning district (LO). In the L-O district, a 20-foot wide
buffer is required to be constructed adjacent to residential uses, in accordance with UDC Table
11-28-3, to protect residential properties from the impacts of commercial development. At this
Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 4
time, the applicant is only proposing to develop the north-westerly 164(horizontal) feet of this
site; approximately 110 feet exists from the eastern boundary of this site to the east property line
that abuts a residence. Staff believes that this area provides an adequate buffer. At the time of
development of the eastern portion of the site, a buffer in accordance with UDC standards will be
required.
• Chapter V, Goal Ill, Objective D, Action 5 -Require all commercial and industrial businesses to
install and maintain landscaping.
Street buffer landscaping and internal parking lot landscaping is depicted on the landscape plan
for the proposed project. All landscaping shall he installed and maintained on the site in
accordance with the standards listed in UDC' 11-38.
• Chapter VII, Goal I, Objective B -Plan for a variety of commercial and retail opportunities
within the Impact Area.
Staff believes that the veterinary hospital contributes to the variety of cornrnercial opportunities
available to residents in this area of the City.
• Chapter VII, Goal 1, Objective B, Action 3 -Locate new community commercial areas on
arterials or collectors near residential areas in such a way as to complement with adjoining
residential areas.
The site is located on S. Meridian Road (SH 69), an arterial street. There are a variety of low to
medium density residential uses in the near vicinity. Staff believes the veterinary hospital
complements the nearby residences and provides a valuable and much needed service in this area
of the City.
• Chapter VI I, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors
and arterial streets.
Staff is recommending the existing approaches to S. Meridian Road be removed in accordance
with UDC 11-3H-4B and access to the site be provided fi^om Edmonds Court.
• Chapter V1, Goal II, Objective A, Action 12 -Develop methods such as cross-access agreements,
frontage roads, to reduce the number of existing access points onto arterial streets.
Staff recommends across-access easement be provided to the property to the north as a provision
of the development agreement for annexation of this site to reduce access points on S. Meridian
Road, an arterial street. Further, staff recommends full vehicular access be developed to
Edmonds Court to serve future development of this site.
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho's cowlties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review,
and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements
which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell
out how these policies are to be achieved.
The order in which the following policies are presented implies no order or priority.
a. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and
attractive developments within the City of Meridian. As is applicable to the subject application,
the City should encourage the clustering of commercial development at or near existing arterials
and collector roads and require landscaping of new development to provide beautification. All
future construction on the subject site will require approval of a Certificates of Zoning
"Treasure Valley Veterinary Hospital A7 CUP CPn VAR PAGE 5
Compliance and Design Review prior to construction or a change in use. Staff will ensure that
future development on this site complies with any and all applicable design and landscaping
standards, as provided for through the Unified Development Code and Design Manual.
b. Population
The City of Meridian must ensure that population growth is accommodated in an orderly pattern.
Residential and commercial developments must be easily served by City infrastructure and public
services. Staff believes that all necessary services are currently available to the subject site and
will still be available upon annexation and expansion of the site.
c. Housing
The City of Meridian is charged with ensuring adequate and attractive living environment which
meets the needs of City residents of different ages, fa-nily sizes, lifestyles, and income levels. As
the site is currently proposed for commercial use, Staff finds that this element is not applicable to
the subject application.
d. Economic Development
Meridian's economic base has been gradually shifting over the last 20 years from afarming-based
economy to a retail, service, and manufacturing-based economy. During this time, local policy
with regard to the types of lands needed to support the economic and employment needs of the
community has also changed. The 2002 Comprehensive Plan forecasts the need to continually
adjust the provision of commercial lands in order to gradually broaden economic opportunity
throughout the City.
e. Public Services, Facilities, and Utilities
City water and sewer service is currently available to the subject property. Public services such as
police and fire protection will be provided to the property proposed to be annexed upon
annexation.
f. School Facilities and Student Transportation
The purpose of this element is to direct new residential development to areas with adequate
school facilities and student transportation. The applicant is proposing a commercial development
on the site. Therefore, the subject application does not apply here.
g. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the
City. Staff does not believe that the proposed plan amendment would negatively impact
transportation within the City of Meridian in this area if approved.
h. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff does not believe that commercial use of this property will significantly impact
or degrade the natural environment.
i. Special Areas
The subject amendment does not directly impact any lands zoned for open spaces, natural
resources, or scenic areas, nor does the parcel contain any known significant natural resources.
j. Hazardous Areas
The purpose of this element is to ensure regulation of development in hazardous areas, such as
floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site.
Treasure Valley Veterinary 1lospital AZ CUP CPA VAR PAGE 6
k. Recreation
Recreation resources within Meridian include 18 developed City parks totaling approximately
188 acres. The City is in process of developing 4 new park facilities totaling approximately 179
acres. The City also maintains several pathways. This site is not formally designated for
recreational purposes.
I. Land Use
The policies of this element are presented in the text of the Comprehensive Plan. The Future
Land Use Map is a graphic representation of the policies and goals of Meridian's Comprehensive
Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and
industrial development. The Map is designed to be a projection of growth patterns for the City.
Therefore, the Map is to be used as a guide for decisions regarding request for land use changes.
Staff believes the commercial use of this site and commercial zoning within the immediate area
along with access to an arterial street has deemed this property more appropriate for light
commercial uses, thus justifying the request the land use change to ``Office.'"
m. Implementation
The City provides the necessary staff and facilities to administer and enforce the policies and
goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the
Comprehensive Plan and its policies, under the direction and supervision of the Meridian City
Council. The Planning & Zoning Commission is also authorized by the Council to review,
approve and make recommendations on proposals affecting the public's interest in land use.
n. Property Rights
The purpose of this element is to ensure that the land use policies, restrictions, conditions, and
fees do not unconstitutionally violate private property rights, and establish a consistent review
process that enable the City to ensure that any proposed actions will not result in an
unconstitutional taking of private property without due process of law. Staff believes that the
requested Comprehensive Plan Land Use Map change would not violate private property rights.
A neighborhood meeting was held on June 10, 2009 of which two neighbors attended.
In summary, staff finds that the development request generally conforms to the stated
purpose, intent, and standards of the Office land use category within the Comprehensive
Plan. Additionally, because o f the property 's location adjacent to a state highway (a
principal arterial street), staff feels that a light commercial use would be more appropriate
than a residential use and provide a buffer from the highway to the existing and future
residential properties to the east.
VIII. UNIFIED DEVELOPMENT CODE
A. 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 Plan. Four
districts are designated which differ in the size and scale of commercial structures acco-nmodated
in the district, the scale and mix of allowed commercial uses, and the location of the district
proximity to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) 1 1-2B-2 lists the permitted, accessory, and
conditional uses in the L-O zoning district. Animal care facilities are listed as a conditional use in
the L-O zoning district. Although an animal care facility currently exists on the site and was
approved previously by Ada County, the proposed addition requires conditional use permit
approval. Additionally, there are specific use standards listed in UDC 1 1-4-3-1 that apply to the
Treasure Valley Veterinary Hospital A7. CUP CPA VAR PAGE: 7
use of this site as an animal care facility.
C. Dimensional Standards: All of the proposed lots shall comply with the dimensional standards
listed in UDC l 1-2B-3 for the proposed L-O zoning district.
D. Landscaping
1. Width of street buffer(s): Per UDC 1 1-2B-3, a 35-foot wide street buffer is required adjacent
to S. Meridian Road, a principal arterial street and entryway corridor; and a 10-foot wide
buffer is required adjacent to Edmonds Court, a local street.
2. Width of buffer(s) between land uses: Per UDC 1 1-2B-3, a 20-foot wide buffer is required
adjacent to residential uses. A residential property exists adjacent to the east property
boundary; however, the subject site does not extend to the east property boundary. Therefore,
a buffer is not required at this time but will be required when the eastern portion of the site
develops in the future.
3. Parking lot landscaping: Parking lot landscaping shall be installed in accordance with the
standards listed in UDC 11-3B-8C.
4. Percentage of site as open space: NA
5. Tree Preservation: Per UDC 1 1-3B-10, mitigation is required for all existing healthy trees fl-
inch caliper or greater that are removed from the site with equal replacement of the total
calipers lost on site up to an amount of 100% replacement. The landscape plan states that ao
trees are being removed from the site that requires mitigation.
E. Parking: UDC 11-3C-6 requires one off-street vehicle parking space for every 500 square feet of
gross floor area in commercial districts. The total building square footage depicted on the site
plan is 3,616. Based on this amount, 7 parking stalls would be required; 17 are proposed, which
co-nplies with this requirement. Additionally, one bicycle parking space is required to be
provided for every 25 proposed vehicle parking spaces, or portion thereof, in accordance with the
standards listed in UDC 1 1-3C-SC. Based on this requirement and the number of parking spaces
provided, l bicycle parking space is required.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
AZ Application: The Applicant is requesting approval for annexation of 2.52 acres of land
from the RUT zoning district in Ada County to the L-O zoning district in the City. There is an
existing veterinary hospital in operation on the site that was previously approved in Ada
County. The applicant proposes to expand the facility. For this reason, the County required
the applicant to connect to urban services. Therefore, the applicant is requesting annexation in
order to obtain City services.
The property is currently designated on the Comprehensive Plan Future Land Use Map as
Low Density Residential; however, the applicant is proposing to change the land use
designation to Office. The existing and proposed expansion of a veterinary hospital is
consistent with both the Office designation and L-O zoning as proposed by the applicant. Per
UDC Table 1 1-2B-2, a conditional use permit is required for an animal care facility in an L-O
district. Because the applicant is proposing to expand the use (increase square footage of the
structure), a new CUP is required in the City.
The proposed annexation area consists of one lot previously platted as Lot 2, Block 1,
Volkman Subdivision. The veterinary hospital exists on a portion of the site; the remainder of
the site is proposed for future development. The applicant has submitted a site plan showing
'Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE K
the location of the existing facility, the proposed addition, existing access points, and
associated parking, landscaping, and refuse areas. For more information, see CUP Analysis,
Site Plan, below.
The annexation legal description submitted with the application (stamped on 12/9/05 by
Clinton W. Hansen, PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
Staff believes that the requested L-O zoning district is appropriate for this site if the applicant
complies with the recommended conditions and DA provisions in this report. Please see
Exhibit D for detailed analysis of the required facts and findings for annexation.
2. Conditional Use Permit (CUP): The applicant is requesting CUP approval for an expansion
of the existing animal care facility, as required by UDC Table 1 1-2B-2.
Site Plan: The site plan submitted with this application (prepared by Erickson Civil, Inc.,
labeled as Sheet C-1, dated 6/ 1 1 /09) attached as Exhibit A.2 depicts the existing 2,112 square
foot veterinary facility, the proposed 1,502 square foot addition, existing access points, and
associated parking, landscaping, and refuse areas. Two cell towers exist at the northeast
corner of the site. Staff has reviewed the proposed site plan and found it substantially
complies with the dimensional standards listed in UDC Table 1 1-2B-3 for the L-O zoning
district.
Per UDC Table 1 1-2B-2, Specific Use Standards apply to animal care facilities as follows
(UDC 11-4-3-1):
- All animals shall be indoors at all times.
Y 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. (Ord. OS-1 170, 8-
30-2005, eff. 9-15-2005)
Staff is recommending as a DA provision that the applicant comply with the specirc use
standards in effect at the time of operation for animal care facilities.
Hours of Operation: The proposed hours of operation for the veterinary hospital are 7 am to
7 pm; Monday thru Saturday (varies). Per UDC 1 1-2B-3A.4, business hours of operation in
the L-O district are limited to the hours between 6:00 am and 10:00 pm. Staff has no
objections to the proposed hours of operation. However, the Commission and Council should
rely on testimony presented at the puhlic hearing to determine if the nearby neighbors have
objections to the proposed hours in order to determine compatibility with surrounding
properties.
Building Elevations: The Applicant has submitted building elevations with this application
showing proposed improvements to the existing structure as well as the addition. Building
materials depicted on the elevations are proposed to consist of painted CMU, stucco, stone
veneer, and corrugated metal siding with asphalt shingle roofing. These elevations are
included in Exhibit A.4. Staff' is recommending as a DA provision that future
construction and development of the site comply with the standards listed in UDC 11-
3A-f9and the objectives and guidelines of the Design Manual.
Landscaping: The applicant submitted a landscape plan (prepared by Erickson Civil, Inc.,
labeled as Sheet L-l, dated 6/1 1/09) for the site with the subject application, included as
Exhibit A.3. A 35-foot wide street buffer is required along S. Meridian Road, an entryway
corridor, as depicted on the plan. Per UDC 11-3B-8C.lb, a minimum 5-foot wide landscape
Treasure Valley Veterinary Hospital AL CUP CPA VAR PAGE 9
buffer is required adjacent to parking, loading, or other paved vehicular use areas, including
dc-iveways and is required to be planted with one tree every 35 linear feet and shrubs, lawn, or
other vegetative groundcover. The plan currently shows shrubs within the buffer along the
no--th property boundary and only 1 tree within the buffer along the south boundary;
landscaping is required to be installed in the north and south perimeter buffers consistent with
the standards listed in UDC 11-3B-Cl if vehicular use areas remain in these areas at the time
of development. Finally, parking lot landscaping is required to be installed in accordance with
the standards listed in UDC 1 1-3B-8C.
Sidewalks/Pathways: The site plan does not depict a sidewalk along S. Meridian Road. The
Comprehensive Plan (page 55) and UDC 1 1-3A-17 requires detached sidewalks along all
arterial streets within the City. Because this site is located adjacent to State Highway (SH)
69 (S. Meridian Road), a priincipal arterial street, a 10-foot wide detached multi-use
pathway is required to be constructed within a public use easement, per UDC 11-3H-
4C.4.
Access: The site plan depicts two existing access points to the site from S. Meridian Road
that are proposed to be retained. Drive aisles are proposed internally for access within the
site.
Per UDC 1 1-3H-4B.2, existing approaches to SH 69 shall be allowed to continue provided
that all of the following conditions are met: I) the existing use is lawful and properly
permitted effective 9/ 15/O5; 2) the nature of the use does not change (for example, a
residential use to a commercial use); and 3) the intensity of the use does not increase (for
example, an increase in the square footage of commercial space). Because the intensity of
the use is increasing with the expansion of the facility, the applicant is required to
develop or otherwise acquire access to a street other than the state highway. Staff
recommends that the use of the existing approaches cease and the approaches shall be
abandoned and removed. A Variance to UDC 11-3H-4B may be requested for one
temporary access to SH 69 until such time as.future development occurs on the site. At
such time, an access to Edm~~nds Court would be required and the existing approach would
be terminated.
Cross-Access: Cross-access to adjacent properties is not depicted on the site plan. Staff
recommends as a DA provision the applicant provide cross-access to the L-O zoned property
to the north (parcel #R9071~1~0022) for interconnectivity and to reduce access points to SH
69, an arterial street. [Note: The owner, Gloria Urwin, of the property to the north was
required to grant cross-access to the subject property as a provision of their DA prior to
issuance of a CZC permit for .any future use (excluding the existing home to be converted);
however, no documentation e,eists that this has been completed)
Certificate of Zoning Compliance: A CZC application is required to be submitted to the
Planning Department for approval prior to issuance of a building permit for the proposed
addition to the structure on thiis site. The applicant should submit revised plans that
comply with the conditions of approval listed in Exhibit B of this staff report, with the
CZC application. All improvements shall be installed prior to occupancy of the expanded
portion of the structure.
Design Review: Because an addition is proposed to the existing structure, the site and
structure are subject to Administrative Design Review in accord with UDC 1 1-SB-8. Further,
the building and site design are subject to the standards and guidelines set forth in UDC 1 1-
3A-19and the Meridian Desi€;n Manual. The applicant shall submit an application for
design review along with the certificate of zoning compliance application for expansion
of the existing use on the site.
Treasure Valley Veterinary Hospital A1_ CUP CPA VAR PAGE 10
Development Agreement: UDC 11-5B-3.D.2 and Idaho Code § 65-6711A provides the City
the authority to require a property owner to enter into a Development Agreement (DA) with
the City that may require some written commitment for al I future uses. Staff believes that a
DA is necessary to ensure that this property is developed in a fashion that is consistent
with the comprehensive plan and does not negatively impact nearby properties. Prior to
annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of annexation ordinance adoption),
and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to
initiate this process. Said DA shall be completed within 1 year of City Council action. The
DA shall incorporate the provisions noted in Exhibit B.
3. Variance (VAR): In addition to the annexation, CPA and CUP, the applicant requests a
variance to UDC 1 1-3H-4B.l.c and 1 1-3H-4B.2 to allow the two (2) existing full access
driveways to the site from State Highway 69 to remain until the remainder of the property
develops. At such time, access to SH 69 will be closed & access to the property will be
provided via Edmonds Court. This application was submitted just prior to the Commission
hearing so that it could run concurrently with the previously mentioned applications and be
acted on by City Council at the same meeting.
The veterinary hospital has existed on this site since 1984 and has utilized both of the
driveways accesses to SH 69 since that time. The UDC allows accesses to state highways to
remain as long as the use is lawful and properly permitted effective September 15, 2005; the
nature of the use doesn't change; and the intensity of the use doesn't increase (for example,
an increase in the square footage of commercial space). Because an expansion of the existing
facility is proposed, it is considered to be an ina-ease in the intensity of the use, thus the UDC
requires access to be acquired to a street other than the state highway and the existing
approaches be abandoned and removed.
The subject property has frontage on Edmonds Court along the south boundary. However,
only the northwest portion of the site is developed and there is no paved access to Edmonds
Court which is a dedicated public street. It has not however, been improved to ACHD
standards.
Comments from ACHD state, "The District has no comment on the site improvements at this
time due to the fact that it is not a change in use. With future development applications,
ACHD will review the potential to relocate the site access from SH 69 to Edmonds Court."
Staff discussed the potential improvements to Edmonds Court with Matt Edmond at ACHD
and he stated that if an application came in, they would probably consider requiring some
pavement widening, curb, gutter, and sidewalk abutting the site.
Comments from ITD state, ``VVe have no objection to the continued use of the existing access
points for the expansion of the veterinary offices. However, once further development on the
site occurs, all access should be redirected to Edmonds Court."
To grant a variance, the Council needs to make the following findings:
1. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district;
2. The variance relieves an undue hardship because of characteristics of the site;
3. The variance shall not be detrimental to the public health, safety, and welfare.
- Staff believes that granting a variance would allow a right or special privilege that is
not otherwise allowed for properties that are adjacent to a state highway that are
proposing to increase the intensity of the use. However, it should be noted that the
Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 1 1
applicant is not proposing any new access points, only to temporarily retain the two
existing access points until such time as the remainder of the site develops.
y Allowing access to S1H 69 would relieve an undue financial hardship to the applicant
because only the northwest '/4 of the site is developed and requiring access to be
taken from Edmonds Court would require a paved driveway to be extended
approximately 175 feet across the undeveloped portion of the site to the south
boundary and would also require an emergency turn around be provided for the Fire
Department. Further, because the remainder of the site is not developed, the ultimate
site layout is unknown and the driveway would most likely need to be relocated upon
fLU~ther development of the site.
v Staff finds that granting the subject variance could be detrimental to the public
health, safety, or well-are as the potential for accidents could increase with expansion
of the facility. The Technical Memorandum submitted by the applicant states that
traffic generated by the existing 2,112 square foot facility is 76 daily trips; the
proposed remodel would increase the daily trips to 130. Staff believes that with the
increase of trips to the site, the potential for accidents could also increase with
vehicles slowing down to enter and exit the site and merge with traffic travelling at
high rates of speed on the highway. However, it should be noted that the two access
points to the site are existing; no new access points are proposed, the applicant is just
requesting to temporarily retain the existing accesses until the remainder of the site
develops.
In order to make the findings for approval of a variance, all three findings need to be met and
Staff does not feel that they all can be for the aforementioned reasons. Therefore, Staff is
recommending denial of the Variance application (see Exhibit D for required variance
findings).
X. EXHIBITS
A. Drawings
1. Zoning Map & Aerial Map
2. Site Plan (dated 6/11/09)
3. Landscape Plan (dated 6/11/0'9)
4. Building Elevations (dated 4/72/09)
5. Comprehensive Plan Future Land Use Map
a. Current Designation of Low Density Residential
b. Proposed Designation of Office
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 12
8. Idaho Transportation Depart-rient
C. Annexation Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Treasure Valley Veterinary I Iospital AZ CUP CPA VAR PAGE 13
Exhibit A.l -Zoning Map & Aerial Map
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Treasure Valley Veterinary Hospital AL CUP CPA VAR
TREASURE VALLEY VETERINARY HOSPITAL -LANDSCAPE PLAN
NW 1/4 OF SW 1/4 OF SECTION 1B, TOWNSHIP 3 NORTH, RANGE 1 EAST,
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Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 17
5. Comprehensive Plan Future Land Use Map
a. Current Designation of Low Density Residential
Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 18
b. Proposed Designation of Office
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Prepared by the Meridian Planning Department
Print Date February 13th 20D9
Treasure Valley Veterinary Hospital A/. CUP CPA VAR PAGE 19
Exhibit B -Agency and Department Comments
On July 30, 2009, Planning Staff held an agency comments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Public Works Department,
Meridian Parks Department, and Sanitary Service Company. Staff has included all comments and
recommended actions in the attached Exhibit B.
1. PLANNING DEPARTMENT
1.1 The annexation legal description prepared by Clinton Hansen, PLS, dated 12/9/05 and submitted
with the application, is accurate and meets the requirements of the City of Meridian and State Tax
Commission.
1.2 A Development Agreement (DA) will be required as part of the annexation and zoning of this
property. Prior to the annexation and zoning ordinance approval, a DA shall be entered into
between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption,
and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within
one year of Council approval to initiate this process; a fee of $303.00 shall be paid by the
applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at
minimum, incorporate the following provisions:
a. Future development of this site shall substantially comply with the conditions of approval, and
design standards in effect at the time of Certificate of Zoning Compliance application. Future
construction and development of the site shall comply with the standards listed in UDC 11-
3A-19apd the objectives and guidelines of the Design Manual.
b. A Certificate of Zoning Compliance and Design Review application are required to be submitted
to the Planning Department for the expansion of the veterinary facility and new construction
proposed on this site.
c. The applicant shall comply with the specific use standards listed in UDC 1 1-4-3-1 for animal
care facilities in effect at the time of operation.
d. Business hours of operation in the L-O district are limited to the hours between 6:00
am and 10:00 pm in accordance with UDC 11-2B-3A.4.
e. A 10-foot wide detached multi-use pathway is required to be constructed within a public use
easement on the developed portion of the site along State Highway 69, per UDC 1 1-3H-
4C.4, with expansion of the veterinary hospital. The remainder of the pathway shall be
constructed upon future development of the site.
f. Upon expansion of the existing facility, the applicant is required to develop or otherwise
acquire access to a street other than the state highway (SH 69). Direct access to SH 69 is
prohibited upon expansion of the facility; use of the existing approaches shall cease and the
approaches shall be abandoned and removed unless, a Variance to UDC 11-3H-4B is
obtained for a temporary access to SH 69 until such time as future development occurs on the
site. At such time, access to Edmonds Court would be required and the existing approach
would be terminated.
g. Across-access easement shall be recorded that provides access to the property to the north
(parcel #89071450022) for interconnectivity. Acopy of said access easement shall be
submitted to the Planning Department with the Certificate of Zoning Compliance application
for expansion of the site.
h. Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of
annexation ordinance approval. Contact the City of Meridian Engineering Department at
Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 20
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-
domestic purposes such as landscape irrigation if approved by Idaho Department of Water
Resources Contact Robert B. Whitney at (208)334-2190.
i. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance
approval. Contact Central District Health for abandomnent procedures and inspections
(208)375-521 1.
j. The required landscape buffers along the east, south, and undeveloped portion of the
west property boundary, including the 10-foot wide multi-use pathway, are not required
with expansion of the veterinary hospital, but will be required in the future when the
remainder of the site develops.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in S
Meridian Road. The applicant shall coordinate main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is
less than three feet than alternate materials shall be used in conformance of City of Meridian
Public Works Departments Standard Specifications.
2.2 Water service to this site is being proposed via extension of mains in South Meridian Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The common lot shall be covered with a blanket easement to the City of
Meridian.
2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via a
plat. The description shall be consistent with the graphically depicted easements on the plat but be
recorded as a separate document using the City of Meridian's standard forms. Submit an executed
easement (on the form available from Public Works), a legal description, which must include the
area of the easement (marked EXH[BIT A) and an 81/2" x 1 1"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD.
2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
obtaining certificates of occupancy.
2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 1 1-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to obtaining certificates of occupancy.
2.8 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 21
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.9 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-521 1.
2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.1 1 A letter of credit or cash surety in the amount of 1 10% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
obtaining certificates of occupancy.
2.12 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to obtaining certificates of
occupancy.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.17 All grading of the site shall be performed in conformance with MCC 1 1-12-3H.
2.18 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop till material.
2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or the
ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.21 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 22
2. FIRE DEPARTMENT
2.1 Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria testing.
2.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in
accordance with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 Y~" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/z" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to
existing buildings within 1,000 feet of the project.
2.3 In accordance with International Fire Code Section 503.2.5, any roadway greater than 150 feet in
length that is not provided with an outlet shall be required to have an approved turn around.
Phasing of the project may require a temporary approved turn around on streets greater than 150'
in length with no outlet.
2.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
2.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
2.6 Commercial and office occupancies will require afire-flow consistent with International Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
2.7 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments on this application.
S. PARKS DEPARTMENT
5.1 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in
accordance with the Meridian Park Department's requirements.
5.2 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11-3B-10) will be followed.
5.3 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 1 1-3B-10) will be followed.
6. SANITARY SERVICE COMPANY
6.1 SSC did not submit comments on this application.
Treasure Valley Veterinary Hospital AL CUP CPA VAR PAGE 23
7. ADA COUNTY' HIGHWAY DISTRICT
The District has no comment on the site improvements at this time due to the fact that it is
not a change in use. The applicant will be required to update any existing non-compliant
pedestrian improvements adjacent to the site to meet current ADA (American's with
Disabilities Act) requirements.
With future development applications, ACHD will review the potential to relocate the site
access from SH-69 to Edmond Court. ACHD supports limited access to the state
highway system.
If the site plan or use should change in the future, ACHD Planning Review will review
the site plan and may require improvements to the transportation system at that time.
Prior to final approval you will need to submit construction plans to the ACHD
Development Review Section to insure compliance with the conditions identified above
and/or for traffic impact fee assessment. This is a separate review process that requires
direct plans submittal to the Development Review staff at the Highway District.
A traffic impact fee will need to be assessed by ACHD and will be due prior to the
issuance of a building permit. Contact ACHD Planning & Development Services at
387-6170 for information regarding impact fees.
Prior to the construction or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement
must be obtained from ACHD.
7.1 Standard Conditions of Approval:
7.1.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.1.2 Private sewer or water systems are prohibited from being located within any ACHD
roadway or right-of--way.
7.1.3 All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
7.1.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
7.1.5 Comply with the District's Tree Planter Width Interim Policy.
7.1.6 Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
7.1.7 All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
7.1.8 The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
'Treasure Valley Veterinary Hospital A7. CUP CPA VAR PAGE 24
7.1.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
7.1.10 Payment of applicable road impact fees are required prior to building construction. The
assessed impact fee will be based on the impact fee ordinance that is in effect at that time.
7.1.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least
two full business days prior to breaking ground within ACHD right-of--way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
7.1.12 No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
7.1.13 Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to change
the planned use of the subject property unless awaiver/variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
8. IDAHO TRANSPORTATION DEPARTMENT
The ITD submitted a letter to the City stating they have no comment on this application. This letter
was followed up by an e-mail stating, "We have no objection to the continued use of the existing
access points for the expansion of the veterinary offices. However, once further development on the
site occurs, all access should be redirected to Edmonds Court."
Treasure Valley Veterinary Hospital AL CUP CPA VAR PAGE 25
Exhibit C -Annexation Legal Description & Exhibit Map
~tlexation Descrr t~ inn
Sh~ckcfford Property
A panel lacsted ~~n Co~ernrrent Lot 3 in the SU~1 ?~. of Seclia~ t ~, Township 3 North, Range 1
East, Baisc~ rJleridian, Ada County, Idaho, and being par! of Lot 2 of 63ocsc t o' Volk,nan
S~•bCvision as sho~nrn in 3oa~c 53 of Plats on sages 4tiS2.46E,3, iri the c~tiics of the Aeoorder,
Ada CGJnty Idatgv, r~,are particu.arly r~scribed as fallaws;
Commerclrxg at a ~•A irch diameter iron pir rna,'tcing the southwest earner of seid Govamme7t
Lo[ 3, frurn 'e•h~h an aluminum caF; rnonumant markirg 'he nor~tnrres~ corner of sac
overn:men' Lal 3 (W !~4 Garner) bears N tl`t t'41' E a distance of ';3317 b6 feet;
Thence N C=1 t'41 ° E alnng the 'n'estery boundary of said Go'femmen~ Lot ;3 a dstance of
368.0E lest to the POINT OE tEGINNING;
Thence v:mtir•tiing at~ang Bald wr~stery ~+~Unttarv tV U'11 ht" E 6 distdree cf 32f3 37 feel to a
paint:
Thenc.~ leavrng said westerly boundary S 89'52'28` E along the norlrrerty houndary at said La' 2
a distance of 334 39 fret tc z ,,.` Inch dlair~~ator rnn f,in marking the norlhea5lerfy wrner of said
L~1 2;
Thence S ci~'09:3~t" bV abng the E:~st€;rty boundary of said Lot 2 a distance of 329 19 feet to a
paint on tt•a centerline v; Edmorris Court;
Thence N 8y~7~4'02° W along said Edmonds Court centerline a distanG~e of 334 58 feet tc tf7e
ROINT OF BEGINNING.
this parcel contains 2 52 acres and is subject t:~ ar:y easemEnts ex;stirg or rn ;,se
Cll;tton Vv' Hansen. PLS
Land Sufut,ans, PG
Deczriher 9, 21705
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Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 26
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Treasure Valley Veterinary Hospital AL CUP CPA VAR PAGE 27
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Exhibit D -Required Findings from Unified Development Code
1. Comprehensive Plan Amendment Findings
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant an amendment to the
Comprehensive Plan, the Council shall make the following findings:
a. The proposed amendment is consistent with the other elements of the Comprehensive
Plan.
The Commission finds that the proposed change to the Future Land Use Map does not
directly conflict with other elements of the Comprehensive Plan.
b. The proposed amendment provides an improved guide to future growth and
development of the city.
The Commission finds the proposed land use change will provide an improved guide to
future growth and development in this area of the city.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
The Commission finds that the proposed amendment is internally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis).
The Commission believes sufficient provisions have been made to accommodate light
commercial development in this area.
d. The proposed amendment is consistent with the Unified Development Code.
The Commission finds that the proposed amendment is generally consistent with the Unified
Development Code. Staff will ensure full compliance with the UDC and other city design
and development criteria, as development is proposed.
e. The amendment will be compatible with existing and planned surrounding land uses.
The Commission finds that the existing and future light commercial uses on this site will be
compatible with surrounding (existing and future) uses.
f. The proposed amendment will not burden existing and planned service capabilities.
The Commission finds that the proposed amendment would not burden existing and planned
service capabilities in this area of the city.
g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses
that allows sufficient area to mitigate any anticipated impact associated with the
development of the area.
The Commission finds that the proposed map amendment to office will allow for light
commercial uses on the site that should be compatible with existing and future commercial
and residential uses in the area.
h. The proposed amendment is in the best interest of the City of Meridian.
The Commission finds that the proposed amendment is in the best interest of the City.
2. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
Treasure Valley Veterinary Hospital AI CUP CPA VAR PAGE 28
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to annex and zone the subject property with an L-0 zoning
district. If the applicant complies with the DA provisions, the Commission finds that the
proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan for the proposed commercial office designation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report.
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The Commission finds that the current use of the property as an animal care facility is
consistent with the requested L-0 zoning district and proposed future land use map
designation of office for this property.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Commission finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare if approved. Staff recommends that the Commission and
Council rely on any o-•al or written testimony that may be provided when determining this
finding.
d. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The Commission tnds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
e. The annexation is in the best of interest of the City (UDC ll-SB-3.E).
The Commission finds that Annexation and Zoning of this property to an L-O zoning
district is in the best interest of the City.
3. Conditional Use Permit Findings:
The decision making body shall base its determination on the Conditional Use Permit
request upon the following:
a. 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 and proposed expansion of the veterinary hospital on this site can accommodate
and meet all dimensional and development regulations of the proposed L-O district. The
Commission finds that the subject property is large enough to accommodate the required
parking, landscaping and other features required by the ordinance. The Council should 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.
b. 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 proposed Comprehensive Plan designation for this property is
Treasure Valley Veterinary I lospital AZ CUP CPA VAR PAGE 29
``Office." The existing use and proposed expansion of the existing use is generally
harmonious with the Comprehensive Plan and the UDC (see Section 7, 8 and 9 above for
more information regarding the requirements for this use).
c. 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 Commission finds that, if the Applicant complies with the conditions outlined in this
report, the continued and expanded operation of the veterinary hospital on this site should be
compatible with adjacent residential, office, and church uses and the intended character of the
area. The Council should rely upon any public testimony provided to determine if the
development will be compatible with other uses in the vicinity.
d. 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 finds that, if the Applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area. The Council
should rely upon any public testimony provided to determine if the development will
adversely affect the other property in the vicinity.
e. 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.
f. 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.
g. 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.
The Commission does not believe that the amount of traffic generated by the proposed
expansion of the existing use of the property will be detrimental to any persons, property, or
the general welfare of the public as there are no nearby residents. The Commission does not
anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors.
h. 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.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed expansion of the existing use that should be brought to the
Council'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.
Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 30
4. Variance Findings:
a. The variance shall not grant a right or special privilege that is not otherwise allowed in
the district;
The UDC (1 1-3H-4B.2) specifically states that if an applicant proposes a change or increase
in the intensity of use (such as an increase in the square footage of commercial space), the
owner shall develop or otherwise acquire access to a street other than the state highway. The
use of the existing approach shall cease and the approach shall be abandoned and removed.
Therefore, staff finds that granting a variance for access to SH 69 would allow a right or
special privilege because any property adjacent to a state highway proposing to increase the
intensity of use would be required to take access from a street other than the highway.
b. The variance relieves an undue hardship because of characteristics of the site;
Staff finds that allowing access to SH 69 would relieve an undue financial hardship to the
applicant because only the northwest '/4 of the site is developed; requiring access to be taken
from Edmonds Court would require a paved driveway to be extended approximately 175 feet
across the undeveloped portion of the site to Edmonds, which would also require an
emergency turn around be provided for the Fire Department. Further, because the remainder
of the site is not developed, the ultimate site layout is unknown and the driveway would most
likely need to be relocated upon further development of the site.
c. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds that granting the subject variance could be detrimental to the public health, safety,
or welfare as the potential for accidents could increase with expansion of the facility. The
Technical Memorandum submitted by the applicant states that traffic generated by the
existing 2,1 12 square foot facility is 76 daily trips; the proposed remodel would increase the
daily trips to 130. Staff finds with the increase of trips to the site, the potential for accidents
could also increase with vehicles slowing down to enter and exit the site and merge with
traffic travelling at high rates of speed on the highway.
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