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HomeMy WebLinkAboutTreasure Valley Veterinary Hospital CPA-09-004 AZ-09-002 CUP-09-007 VAR-09-003sc~~r~~© RECETVED OCT 0 11009 CITYOFG~f' °... CITY CLERKS OFFICE CITY OF MERIDIAN E IDIANF`~-- FINDINGS OF FACT, CONCLUSIONS 1 ~ OF LAW AND DECISION & ORDER In the Matter of a Request for a Comprehensive Plan Future Land Use Map Amendment from Low Density Residential to Office; Annexation & Zoning of 2.52 Acres from the RUT District in Ada County to the L-O (Limited Office) District; Conditional Use Permit for a 1,504 Square Foot Addition to the Existing Veterinary Hospital; and Variance for Temporary Access to SH 69, by Rick Shackelford. Case No(s). CPA-09-004; AZ-09-002; CUP-09-007; VAR-09-003 For the City Council Hearing Date of: September 22, 2009 (Findings on the October 6, 2009 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of September 22, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 22, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 22, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 22, 2009, 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. §67-6503). 2. The Meridian City Council 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPA-09-004; AZ-09-002; CUP-09-007; VAR-09-003 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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 Mayor 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 Legal Description & Exhibit Map, provisions of the Development Agreement, Site Plan, Landscape Plan, and Building Elevations all in the attached Staff Report for the hearing date of September 22, 2009, 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 City Council'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 request for a comprehensive plan amendment to the future land use map from low density residential to office is hereby approved; 2. The applicant's annexation & zoning request as referenced by having submitted the legal description and exhibit map prepared by Clinton Hansen, PLS, dated 12/9/05 is hereby conditionally approved; A Development Agreement (DA) is required with the subject annexation & zoning approval. The provisions of the DA are as shown in Exhibit B of the attached Staff Report for the hearing date of September 22, 2009, incorporated by reference; 4. The applicant's request for a conditional use permit as evidenced by having submitted the site plan and landscape plan, dated 6/11/09, and building elevations, dated 4/22/09, is hereby conditionally approved; and, The applicant's request for a variance to UDC 11-3H-4B.l.c and 11-3H-4B.2 to allow the two existing access driveways to SH 69 to remain on a temporary basis until such time as the site further develops in the future is approved. At such time, access shall be taken from Edmonds Court and the two existing access points to SH 69 shall be closed. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPA-09-004; AZ-09-002; CUP-09-007; VAR-09-003 -2- 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 or 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 of the 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 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 Code 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 more 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 may be 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 September 22, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPA-09-004; AZ-09-002; CUP-09-007; VAR-09-003 -3- By action of the City Council at its regular meeting held on the 15~~ day of (~~ [r~,(Z , 2009. COUNCIL MEMBER DAVID ZAREMBA VOTED~~ COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Ta Attest: :'y OF M~Ip~,9°~. City Clerk p1+` ,.~ ~ ~ 1 'Yn ~T 1S'~ Copy served upon Applicant, VOTED~I g VOTED VOTED VOTED GHQ Weerd Public Works Deparhnent and City Attorney. By: Dated: ~l7 ~~ "CY~ Clty Cle s Ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPA-09-004; AZ-09-002; CUP-09-007; VAR-09-003 -4- STAFF REPORT Hearing Date: September 22, 2009 TO: Mayor & City Council Ei I~1~~ FROM: Sonya Watters, 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: an amendment to the Comprehensive Plan Future Land Use Map (CPA) to change the future land use designation of the subject property from Low Density Residential to Office; 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; and a Conditional Use Permit (CUP) for approval of a 1,504 square foot addition to the existing 2,112 square foot veterinary hospital. 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 reportfor 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 repOYt• v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Pete Friedman; Scott Steckline b. Kev 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 bV the applicant. c. Kev Commission Change(s) to Staff Recommendation: i. Clarify in the DA (see provision #e and #i) 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: Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 1 i. The timing of the requirement for across-access easement agreement with the property to the north (see DA provision #~). The applicant is unsure where the cross-access will ultimately be located until the remainder of the site develops and doesn't wish to grant a blanket easement at this time. The City Attorney (Mr. Baird) suggests the following language: "Relocation Reservation. This Easement is being granted prior to the development of the Grantor's Property. The Grantor has no obligation to make improvements upon the Grantor's Property for the Easement. Grantor hereby reserves the right to relocate the Easement upon the Grantor's Property either before or after the development of the Grantor's Property, upon thirty days' prior writte~x notice to Grantee. The parties then agree to execute, deliver and record an amendment to this document to evidence the relocation. " ~ in savor: tcoss rricxson. xicx ~nacxei-oru. uarv ..y~.e~. ii. In oonosition: None ~, Commenting: None LY. Written testimony;~non~P to thv staff rennrt was r ceiverl from Roc .CICkSOn y~ Staffnrecentin~ annlication: Sogya Watters y_i, Other staff commenting on annlication: None IZ, icy Issues of Discussion by Council: i. The timingand location of the cross-access easement to the nrQnerty to the north, ii. owance of the existing access driveways to SH 69 to remain on a temporary basis until the remainder of the cite develo~c. iii. Icy Council Changes to Staff/Commission Recommendation L Modify~~provision #1 2f to reflect the annroval of a variance for temnorarv access to SH 69 until such time ac the remainder of the cite develops then access shall be taken from Edmonds Court and the existing accesses shall be closed: ii. Modify~nrovision #1 2g to reflect the agreed upon language for the cross-access easement reauirement with the 1~oILY to the north. III. PROPOSED MOTION ApprovaUDenial 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 during 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.) Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 2 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 `/ 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: Ross Erickson, P.E., Erickson Civil, Inc. 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 11, 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 VI. LAND USE A. Existing Land Use(s) and Zoning: There is currently a veterinary hospital on this site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is currently Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 3 surrounded by rural residential, office, and church uses. 1. North: Office, zoned L-U 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 #07-00230CU). 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 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 F. 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 VII 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 Ciry of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 4 - Sanitary sewer and water service will be 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 be 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 (ACRD) 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. - 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 sarbject 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 Sen~ices, and Sanitary Services Company. • Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a commercial zoning district (LD). 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 time, the applicant is only proposing to develop the north-westerly 164(horizontal),feet ofthis 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 III, 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 be 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 o_f commercial opportunities available to residents in this area of the City. • Chapter VII, Goal I, 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. Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 5 • Chapter VII, 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 from Edmonds Court. • Chapter VI, 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 fill vehicular access be developed to Edmonds Court to serve future development of this site. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho's counties 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 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, family 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 a farnung-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. Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 6 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. £ 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. 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. 1. 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. Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 7 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 of 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 accommodated in the district, the scale and mix of allowed corrnnercial uses, and the location of the district proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) 11-2B-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 11-4-3-1 that apply to the 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 11-2B-3 for the proposed L-O zoning district. D. Landscaping 1. Width of street buffer(s): Per UDC 11-2B-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 11-2B-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 11-3B-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 no trees are being removed from the site that requires mitigation. Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 8 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 complies 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 11-3C-SC. Based on this requirement and the number of parking spaces provided, 1 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 11-2B-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 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 11-2B-2. Site Plan: The site plan submitted with this application (prepared by Erickson Civil, Inc., labeled as Sheet C-1, dated 6/11/09) 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 11-2B-3 for the L-O zoning district. Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 9 Per UDC Table 11-2B-2, Specific Use Standards apply to animal care facilities as follows (UDC 11-4-3-1): - All animals shall be indoors at all times. - 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 specific 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 I 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 public 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-19 and the objectives and guidelines of the Design Manual. Landscaping: The applicant submitted a landscape plan (prepared by Erickson Civil, Inc., labeled as Sheet L-1, dated 6/11/09) 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.1 b, a minimum 5-foot wide landscape buffer is required adjacent to parking, loading, or other paved vehicular use areas, including driveways 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 north 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-C1 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 11-3B-8C. Sidewalks/Pathways: The site plan does not depict a sidewalk along S. Meridian Road. The Comprehensive Plan (page 55) and UDC 11-3A-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 principal 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 11-3H-4B.2, existing approaches to SH 69 shall be allowed to continue provided that all of the following conditions are met: 1) the existing use is lawful and properly Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE ] 0 permitted effective 9/15/05; 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 comtercial 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 SN 69 until such time as future development occurs orz the site. At such time, m2 access to Edmonds 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 #89071450022) for intereonneetivity 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 exists 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 this 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 11-SB-8. Further, the building and site design are subject to the standards and guidelines set forth in UDC 11- 3A-19and the Meridian Design 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. Development Agreement: UDC 11-SB-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 all 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 11-3H-4B.l.c and 11-3H-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. Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE I 1 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 increase 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, "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." 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 detritental 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 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. - Allowing access to SH 69 world relieve an undue financial hardship to the applicant because only the northwest '/ 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 further development of the site. - 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 2,112 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 Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 12 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/I 1/09) 4. Building Elevations (dated 4/22/09) 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 8. Idaho Transportation Department C. Annexation Legal Description & Exhibit Map D. Required Findings from Unified Development Code Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 13 Exhibit A.1 -Zoning Map & Aerial Map RUT ,~~\~ ~~ \\~ ~:~ Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 14 Exhibit A.2 -Site Plan (dated 6/11/09) i { e 1 ~t .~ ~ ~~ i~ ; i fQgq~Q I 1R IZ ~ +$ r ~ ~~ . ~ ~~ ~I t I `! ~i,:~~ ~i ~ ~ ~ I~ ~i I I ~~ E ~, .~ «~ k,~ TREASURE VALLEY VETERINARY HOSPR'AL - SITE PLAN NW 1/4 OF SW 1/4 OF SECTION 1@, TOWNSHIP 3 NORTH, RANQE 1 EAST. .. BOISE MERMAN, AAA COUNTY, IdAHO r'-~ L ~ ~ ~t J ...a. ~/ ~ _ ~ ~ o + ; ru .~ ('.LG • ! ~arrn Iwo ,~,~ .~ ~,.....~ ... vlclNm nuP .~ . "~~ ~ I •_ , 1 __.._ F - ,.,~ _ _ . _ ... ,, ~~: ~ ., ~. ~~~~ ._.~_, ~u,.~-_:... _.. 4 ~. ~: ,, ._ ~y- , o~' ( PARKINC3 cuc~unoNa _- ... ~:~~~ 4w~ ~~~ 3 ~_7 L5 ~~.~re.~...ro..~.. ,. •. ..., i _ ~.>., r- ---'I .,,, I I ! 'r~ ti Sri...!-. ...-..~ I .wonm.u "' ' .. ...,, ,. I .. .~.~.,,«« ~•.~- ~ ~~; i T - I i DEVFI.OPMEPIf FElALiREB I ti ~ I ,a.~... I L_~ ~ J efJ1 z ~°~" , '~l TR11$M ENCLOSURE LKA/IAeiN Suf~'M51QV ~ BM SJ, !'G 1657 / °• °• ' ~ ~ ~ ~-- ~s LEaEwo ,.~~-._. e...w, ,r m`.... _~ .,... I~ ~ .. _.. _ ~~ ; _.,L_.~_ .../ ~ .~.. - . -- -- ~ ~ - - ., ry - ..ate. ... Evn+onn6 cr _ ~" -- Cenditianal Use Site ~?an " ;'~"„a, ~,..-,`_ ~, ~ _ ~~ t @EE~ 3~~R Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 15 Exhibit A.3 -Landscape Plan (dated 6/11/09) TREASURE VALLEY VETERINARY HOSPIT NW U4 OF SW 1/4 OF SECTION 19, TOWNSHIP 3 i ~!;j ~ BOISE MERIDIAN, AOA COON 2006 a,, ! , ~.._. ~, ~s -J ~.. I ~. ~ ~ - _r I ~ ~,I_ ~- ~ ~ .. .. > i ~ ~ . i WSW ! ~ ~ ~ .~, ~w~c*~actbras a .~ r, ;gyp . _ ~; ,_ _...._ n ~ u~-r=.. _ "~,. f 1il r~ ~ I ~ i . a. mast 3 . _ ~ _~ ~ ~ j "` KM N SLtY~i M'YGY ` f ~ Y ~ ) ~Al `3 (G 853 ~ fir" ' ~ ~ l~lf ~`, ~ ~` ', . I ~, I ~4 :°~ ' ~~ f ~ ~ .. ~~ If .~', 4~ Ir - LANG8GAPE PLAN NORTH, RANGE ~ EAST, _ , IDAH O .nvkr„n ~ w~w~ ,.~ , ~v - ,;a VICINTf MAP rns rt. -~ .. •'~m. ». .....,.~' ..... :.e....:, u .•..A.,~ .,.a e... ~.a. ~ PARKIN CALCUUIIONB ~ ~.. ,., : . . , .w+ww.snw ,' ~ g ~ LANDSCAPE SvMeOLS a , O AL TY w DEVELOPMENT FEAT13RE8 !!! ,. sew ; _ .__ ..~ _ 'i'.! .-. 1 __ ~ ) r c/p oar ! ~ ~.~ ~ ~ T~~rtaa .. n,.nr". s ~o-.•'' t /'~ 44 4 ~~ Lanelscape Plan G ~'~ •- ' se+uF: Ewa ^q- ,~ .,1,- r. -- ._ _w_.., w LEGEND ,,,,,:;~:,,„ ~. ..^.... - - COMACT8 ~ ._ `) ...._-.e. r.o«.~. e ....__. __.... • wnno. ~~~ ~~~~ ge `r6 y~ k ~~ 3 ~~~a Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 16 Exhibit A.4 -Building Elevations (dated 4/22/09) ~, :.~-F:r;:~ F `s e`.. e. J Q W a J V7 Q ~ > 2 w y ~ Q Q .Z.. W C' W E ~ qq ~ > A s F rAr~oi;.rk6 t.e.~~t [ir~_ ~ :~Y ~V.:,.W~l g ~ i R ~ ?F,i 4 J Q J ~ Q J = tiJ ~ N 4 Z w oc 4 ~ w E > S i I e:.~:,mac: II Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 17 WESI'eLFVATION ---+lUM 6S Gitk~bh)P!Y l =.F;a:nnon 5. Comprehensive Plan Future Land Use Map a. Current Designation of Low Density Residential Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 18 t. Proposed Designation of Office CT.~~ ~ y~ B _ ~ _. ~ ~- T-~ _.. CAVE BEAR _. ~ ~ ~ __ _.._ ~ CUB i i ~r ~ ~ ~ ~~ ~~ KODfAK ,..- ~, ~ K~ ~ _i _. I _ { ' ~ ~_ I t __._, -t ; City of Meridian Future Land Use Map e ,~ Future Land Uses ~ Ten Mile Interchange Specifc - Commercial ~'~~ I 'Industrial -~ ~, Office -- ~ `~-. High Density Residential ---~ ~. _ -~ Med-High DensdyResidential --~~, - __ --__-- Medium Densily Residential ~~ Low Density Residential C Old Town Mixed Use -Interchange 1 Mixed Use -Regional -. - 0 Mixed Use -Community Mixed Use -Neighborhood Mixed Use -Waste Water Treatment Plant Public/Quasi-Public ._ __ - ~ ~A~ ii yak (i __, ,' - --~ _ l -~ -~ ~_ , ~~. ~.OeS,n ~~E IDIAN i Prepared by the Meridian Planning Department Print Date: February 13th 2009 ~%' Treasure Valley Veterinary Hospital AZ 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 11-4-3-1 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 11-3H- 4C.4, with expansion of the veterinary hospital. The remainder of the pathway shall be constructed upon future development of the site. ,' .,Y ,. e , °~•'~"~° +°~~„~'°a. A variance for tem~~y access to SH 69 was granted by City Council The two existing access driveways to/from the site via SH 69 may remain until Inch time ac the remainder of the cite rlevelOR.,- at such time access shall be taken from s Court and the existing access drivewavs shall be closed. g. ~,ject to the conditions in this para~ra~h; aA cross-access easement shall be recorded that provides ~ access to the property to the north (parcel #89071450022) ~ "Northern Parcel"1 for i+~t~€rconnectivity. The effectiveness of the easement shall be conditioned upon the owner of the Northern Parcel ~rantin~ a reciprocal cross Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 20 e annlicant. The annlicant hall have no obligation to improve the asement or to maintain it if it i improved except ac Hart of future development of the aRnlicant's nro~erty The initial location of the eacement shall be as set forth in an exhibit attached to the eacement document However the eacement is being granted e development of the applicant's property. Therefore. the applicant shall have e right to relocate the eacement upon the applicant' property either before or after e development of the applicant' property. upon thirty (301 days prior written notice to the owner of the Northern Parcel Applicant then shall execute, deliver and record a superseding easement to evidence the relocation A copy 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 Ciry 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 (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 abandonment procedures and inspections (208)375-5211. 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 EXHIBIT A) and an 81/2" x 11"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. Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 21 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 (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)375-5211. 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. 2.11 A letter of credit or cash surety in the amount of 110% 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 11-12-3H. 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 fill 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 ACRD. The design engineer shall provide certification that the facilities have been installed in Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 22 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. 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 ''/z" 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. 5. PARKS DEPARTMENT Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 23 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. 53 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC did not submit comments on this application. 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 ACRD 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. Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 24 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. 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 AZ CUP CPA VAR PAGE 25 Exhibit C -Annexation Legal Description & Exhibit Map 8f1L1~!c~t~on Descri!~jon Shacke(f4rd ~'reaperty A panel Dated do L;o4ernrrrerrt Lcrt 3 ~ the S1N 'i. o! Section 19, Tcawnsfrip 3 hbrth, Range 1 Easi, 8piaa, meridian, Ada County, Id~iho" and br~rtg part of Lot ~' o! BiocAC i of Voikrrarl St;txt+elsior~ as Shown i*r 3oac 53 er! Plats on pages 4652.4663, ~ the ott~e of the Fe~corder, Ada tJc~r.lnty f*wtafsp, r*rore particugairty dasa'ihed as ft~ilcrres; Commencing ai a 5,'t? inch diameter iron pir rrtat#cirrg the south~Nest corner pf Said C'aouemmertt Lot 3, farm wh~h an aluminum ca;p rrwunuwnent marking *.he ~or9t,wesl corner c>,# said G~o+~rlrnen°, Lo! 3 (W !~. Cornea bears N 0°i i'41' E a distttncc of t;i3t) 56 1get, Thence N Ct`i i °~if " E alrsng the w~ester~r boundary of said Ciovemrnen". Lot 3 a a=St:lttrre of 368. ttf3 tenet io the Pt)iNT Q~ BEGtttiNltVG; Thanc$ u.~ntirsr,irrg afong saki w~sterky k~vurry N i7°i t4t° E a distance of 37 fo¢t to a tioint, Ttrence Ic~a~ing salid uvesterty taourldary S 89'=52'2B` E ado the northarty txr~rr~fary cr9 said La! 2 8 distance of 334 38 f~r~t ;r, a. ':~ inch dlam®tar ~rxr ~n marking the rx~rihE~sieriy corner of said L:~i ~; The~sice S t7`t)9'3~i" W along the eastertX boundary of said Lot Z a d~tance of 329 19 feet t0 a point ern the canteriine crf Edmorrr:3s Gcstrrt; Thence N ts~'44'~i2" W along said Edmonds Caurt centea~line a tt~str~rrc~ of 334 58 feet tc ifte PC91htT t?F BEG tNtVf NG. This parcel conta~rs 2 52 acres is subJer:[ to ~ra}r easements ex~stir~g os to ose CH,~Ctrn t+~J' Han~rn, f'LS Land Staiuhans> F'C Efecernt:~;r 9, Z{7fJ5 n ~~Z ~~"'7 ~~~~ ~ !'' ~''~ 0 ~ tiq'r y{tr r RevitEw rvAt Jun, ~ ~ 1M r RICrIAN F'iJ6LtC ~r+'U~x_ t36P7 L~irtc~l~'~larti~:ras $hadce`l~lsx~d moper'Y Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 26 d~ ~~:~ ,~1~~~,~ :Iii 2TFISF ',TFA 4t~t°gLB.+M C3' Qblt ,'e`I7fy"~7Ati-d17+tY p'Js~ Lif{s>4:7 Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 27 ~~JACI~~LJ=C~J~t~ ('~C~F'ERTY AJ~IIVETJt~N ~iC~TCH 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 City Council 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 City Council 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 City Council 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 City Council 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 City Council 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 City Council 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 City Council 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 City Council 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 corrnnercial and residential uses in the area. h. The proposed amendment is in the best interest of the City of Meridian. The City Council 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 AZ 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-O zoning district. If the applicant complies with the DA provisions, the City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan for the proposed coimnercial 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 City Council finds that the current use of the property as an animal care facility is consistent with the requested L-O 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 City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if approved. 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 City Council finds 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 11-SB-3.E). The City Council 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 City Council finds that the subject property is large enough to acconunodate the required parking, landscaping and other features required by the ordinance. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed Comprehensive Plan designation for this property is "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). Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 29 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 City Council 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. 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 City Council 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. 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 City Council 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 City Council 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 City Council 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 City Council 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 City Council finds that there should not be any health, safety or environmental problems associated with the proposed expansion of the existing. The City Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. 4. Variance Findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; Treasure Valley Veterinary Hospital AZ CUP CPA VAR PAGE 30 The City Council finds that granting a temporary variance for access to SH 69 would not allow a right or special privilege that is not otherwise allowed because when the site develops further in the future; access is required to be taken from Edmonds Court. b. The variance relieves an undue hardship because of characteristics of the site; The City Council finds that allowing access to SH 69 would relieve an undue financial hardship to the applicant because only the northwest `/ 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. The City Council finds that ganting the subject variance would not be detrimental to the public health, safety, or welfare.