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Linder Pet Medical Care CUP H-2016-0064CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0064 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit for an Animal Care Facility in an L-O Zoning District for Linder Pet Medical Care, Located at 3150 W. Sheryl Drive, by Robert Ormond. Case No(s). H-2016-0064 For the Planning & Zoning Commission Hearing Date of: July 7, 2016 (Findings on July 21, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 7, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 7, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 7, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 7, 2016, 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 (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0064 Page 2 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of July 7, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission’s authority as provided in Meridian City Code § 11- 5A 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 conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of July 7, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. 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 signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the Commission may be 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 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a 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. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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 July 7, 2016 EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 1 STAFF REPORT HEARING DATE: July 7, 2016 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Linder Pet Medical Care – CUP (H-2016-0064) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Robert Ormond, has submitted a conditional use permit (CUP) to construct a 4,397 square foot (s.f.) animal care facility on 0.31 of an acre in an L-O zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP application as requested by the applicant, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard this item on July 7, 2016. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: David Hertel ii. In opposition: None iii. Commenting: None iv. Written testimony: David Hertel v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0064 as presented in the staff report for the hearing date of July 7, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0064 as presented in the staff report for the hearing date of July 7, 2016, for the following reasons: (You should state specific reasons for denial.) EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 2 Continuance I move to continue File Number H-2016-0064 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 subject property is located at the northeast corner of N. Ten Mile Road and W. Sheryl Drive at 3150 W. Sheryl Drive, in the NW ¼ of Section 11, Township 3 North, Range 1 West. B. Owner(s): Robert Ormond 2723 N. Maple Grove Road Boise, ID 83704 C. Applicant: Same as owner D. Representative: Paul Hoffman, David Hertel AIA 512 W. Idaho, Ste. 106 Boise, ID 83702 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. C. Newspaper notifications published on: June 20 and July 4, 2016 D. Radius notices mailed to properties within 300 feet on: June 16, 2016 E. Applicant posted notice on site by: June 27, 2016 VI. LAND USE A. Existing Land Use(s) & Zoning: The site consists of vacant/undeveloped land, zoned L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Church, zoned R-4 2. East: Single-family residential properties in Tiburon Meadows Subdivision, zoned R-4 & R-8 3. South: Church and Coleman Homes office, zoned L-O 4. West: N. Ten Mile Road and grocery store (Albertson’s), zoned C-N C. History of Previous Actions:  In 2004, the subject property was rezoned (RZ-04-007) to L-O with a development agreement (Instrument No. 104112889).  In 2005, the subject property was included in a final plat for Tiburon Meadows EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 3 Subdivision as Lot 1, Block 1.  In 2013, Council approved a rezone application for the subject property from the L-O to the TN-R zoning district with the requirement for a development agreement (DA). The rezone was desired so that the property could develop with a single four-plex. However, the developer at the time never executed the DA so the property was never rezoned and the approval has expired. D. Utilities: 1. Public Works: a. Location of sewer: A 6-inch diameter sanitary sewer is stubbed to this property from W. Sheryl Drive. b. Location of water: A 2-inch diameter water service is stubbed to this property from W. Sheryl Drive. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways that cross this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This site does not lie within a floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Mixed Use – Community (MU-C) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of this designation is to allocate areas where community- serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. The applicant proposes to develop the site with an animal care facility which will contribute to the variety of uses in this area and provide a needed service to area residents. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the existing office use (staff analysis in italics):  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Access for this property is provided via W. Sheryl Drive, a local street; no access to N. Ten Mile Road, an arterial street, is proposed or approved.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This site is currently in the City and urban services were stubbed to this property with the development of Tiburon Meadows Subdivision.  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” The proposed animal care facility will contribute to the variety of commercial uses in the city.  “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) (3.06.02F) EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 4 A 25-foot wide landscaped street buffer is required along N. Ten Mile Road, an arterial street, with development of the site.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Access is not proposed or allowed via N. Ten Mile Road, an arterial street; access is proposed via W. Sheryl Drive, an existing local street.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed animal care facility should be compatible with adjacent residential, church, commercial, and office uses.  “Identify and encourage medical service related industry which are currently lacking.” The proposed animal care facility will provide a necessary service to area residents.  “Encourage infill development.” (3.01.02B) The subject property is surrounded by property that has been developed in the City. The development of this vacant property will allow city services to be extended to the site as intended and provided for. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2B-1, 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. Six districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Allowed uses in the L-O district consist of office uses and adaptive re-use of residential structures with limited hours of operation. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the L-O zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. An animal care facility is listed as a conditional use in the L-O zoning district, subject to the specific uses listed in UDC 11-4-3-1. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2B-2 for the L-O zoning district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional use permit (CUP): The applicant requests approval of a 4,397 s.f. animal care facility on 0.31 of an acre in the L-O zoning district as required by UDC Table 11-2B-2. The facility also offers mobile pet care service. Specific Use Standards: The specific use standards for animal care facilities listed in UDC 11-4- 3-1apply to the use of this site as follows: A. All animals shall be indoors at all times, except when being exercised. At such times, animals shall be under the supervision and direct control of a caretaker. EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 5 B. The facility owner and/or operator shall comply with all state and local regulations relative to such a facility and shall maintain housekeeping practices designed to prevent the creation of a nuisance and to reduce noise and odor to a minimum. The applicant’s narrative states the enclosed yard area will have a permeable artificial turf for health safety reasons which will be washed daily. This area is proposed to be screened from the neighbor to the east by a 6-foot tall vinyl fence and low water use shrubs along the parking lot frontage. Site Plan: The site plan submitted with this application depicts an animal care facility and associated parking, landscaping and fencing. Access: Access is proposed via W. Sheryl Drive, a local street, in accord with the standards listed in UDC 11-3A-3. Direct access via N. Ten Mile Road is prohibited. Landscaping: Landscaping is required to be installed on the site in accord with the standards listed in UDC 11-3B. A 25-foot wide street buffer is required along N. Ten Mile Road, an arterial street; and a 10-foot wide buffer is required along W. Sheryl Drive, a local street as set forth in UDC Table 11-2B-3. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C. A minimum 20-foot wide landscape buffer is required adjacent to residential uses as set forth in UDC Table 11-2B-3 with landscaping installed in accord with the standards listed in UDC 11-3B-9C. Artificial turf is proposed on the landscape plan in this area; the UDC requires buffer areas to be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative groundcover. The applicant should either revise the landscape plan included in Exhibit A.3 to depict vegetated groundcover within the 20-foot wide buffer to residential uses on the east side of the property as required by UDC 11-3B-9C.1; or, apply for alternative compliance as set forth in UDC 11-5B-5. Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. The proposed plan complies with these standards. Parking: Off-street parking is required to be provided on the site in accord with UDC Table 11- 3C-6B. One vehicle space is required for every 500 s.f. of gross floor area. Based on 4,397 s.f., a minimum of 8 parking spaces are required; 9 are depicted on the site plan in accord with UDC standards with an additional parking space in a garage for the vehicle used in the mobile pet care service. The applicant states they currently have 2-3 employees working at one time with up to 5 in the future if another veterinarian is hired. The applicant states the owner has an agreement with the church to the north for employee parking which would leave all 9 stalls available for customer parking. Staff recommends the applicant submit a recorded shared parking agreement with that property owner in accord with the standards listed in UDC 11-3C-7B. Based on the number of vehicle parking stalls (9), a bicycle rack capable of holding a minimum of one (1) bicycle is required to be provided per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. A total of 2 bicycle parking spaces are proposed to be provided in compliance with this standard. Sidewalk: The UDC (11-3A-17) requires a 5-foot wide detached sidewalk along N. Ten Mile Road, an arterial street; and a 5-foot wide attached sidewalk along W. Sheryl Drive. An attached sidewalk already exists along both streets. Staff is not recommending the sidewalk along Ten Mile be reconstructed as a detached sidewalk. EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 6 Fencing: The existing wood fence along the east boundary of the site is proposed to be replaced with a 6-foot tall vinyl fence on the property line with a 6-foot tall chain-link fence on the interior of the vinyl fence. A 6-foot tall chain-link fence exists along the north boundary of the site. A yard is proposed along the east boundary of the site that is enclosed by a 6-foot tall chain-link fence where animals can exercise outside. The specific use standards for animal care facilities require animals to be under the supervision and direct control of a caretaker at all times when outside (see UDC 11-4-3-1). Mechanical equipment: Outdoor mechanical equipment is proposed to be screened with shrubs and placed along the north boundary of the site as shown on the landscape plan in accord with the standards listed in UDC 11-3A-12B. Hours of Operation: The proposed hours of operation are 9:00 am to 5:00 pm Monday thru Friday and 10:00 am to 1:30 pm on Saturday. The L-O zoning district restricts hours of operation from 6 am to 10 pm. Elevations: Building elevations were submitted with this application for the future structure on the site, included in Exhibit A.4. Building materials consist of stucco with stained wood siding on the upper 5 feet of the building and stone veneer accents (grey tones) with white wood trim around the windows. The structure is required to comply with the standards listed in the Architectural Standards Manual; review for compliance with these standards will take place with the Design Review application submitted with the Certificate of Zoning Compliance application. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted for approval of the proposed use and to ensure compliance with UDC standards prior to issuance of building permits. Design Review: A design review application is required to be submitted concurrently with the CZC application for approval of the site design and future structure on the site to ensure compliance with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (dated: 5/18/16) 3. Landscape Plan (dated: 5/18/16) 4. Building Elevations & Floor Plan (dated: 5/18/16) B. Agency Comments 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 7 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 8 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 9 Exhibit A.2: Site Plan (dated: 5/18/16) EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 10 Exhibit A.3: Landscape Plan (dated: 5/18/16) EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 11 Exhibit A.4: Building Elevations & Floor Plan (dated: 5/18/16) EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 12 EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 13 Exhibit B: Agency Comments 1. PLANNING DIVISION 1.1 The applicant shall comply with the specific use standards listed in UDC 11-4-3-1, Animal Care Facility. 1.2 Development of the site shall be consistent with the site plan, landscape plan and building elevations included in Exhibit A. 1.3 The hours of operation of the proposed use are restricted to the hours between 6 am and 10 pm. 1.4 A Certificate of Zoning Compliance application is required to be submitted for approval of the proposed use and to ensure compliance with UDC standards prior to issuance of building permits. 1.5 A design review application is required to be submitted concurrently with the Certificate of Zoning Compliance application for approval of the site design and future structure on the site to ensure compliance with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. 1.6 The applicant shall either revise the landscape plan included in Exhibit A.3 to depict vegetated groundcover within the 20-foot wide buffer to residential uses on the east side of the property as required by UDC 11-3B-9C.1; or, apply for alternative compliance as set forth in UDC 11-5B-5. 1.7 The applicant shall submit a recorded shared parking agreement with that property owner to the north in accord with the standards listed in UDC 11-3C-7B. PUBLIC WORKS DEPARTMENT 2.1 General Conditions of Approval 2.1.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to project shall be tiled per UDC 11-3A-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 final plat signature. 2.1.2 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. 2.1.3 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. 2.1.4 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 14 2.1.5 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.1.6 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.1.7 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.8 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.1.9 All grading of the site shall be performed in conformance with MCC 11-1-4(b). 2.1.10 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. 2.1.11 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 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. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comment on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. 5. REPUBLIC SERVICES 5.1 No comments were received from Republic Services. 6. PARKS DEPARTMENT 6.1 No comments were received from the Park’s Department on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Close the existing driveway and replace with vertical curb, gutter and 5-foot wide concrete sidewalk to match the existing improvements. 7.1.2 Construct a new 25-foot wide curb cut type driveway on Sheryl Drive located 106-feet east of Ten Mile Road (measured centerline-to-centerline). 7.1.3 Replace any deteriorated or deficient sidewalk, curb, gutter or pedestrian facilities along Ten Mile Road and Sheryl Drive abutting the site. 7.1.4 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 7.1.5 Plans shall be submitted to the ACHD Development Review Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 7.1.6 Comply with the Standard Conditions of Approval as noted below. EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 15 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 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. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 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 (1-811-342-1585) 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. 7.2.8 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. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 16 Exhibit C: Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) The Commission 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 Commission finds that the subject property is large enough to accommodate the proposed use and the dimensional & development regulations of the L-O district as required by the UDC (see Analysis Section IX for more information). 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 use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Mixed Use - Community for this site if designed in accord with the conditions listed in Exhibit B. 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 proposed use should be compatible with other uses in the general neighborhood, with the existing and intended character of the area, and with other existing and future uses in 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 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. 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 sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. The Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. 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. EXHIBIT A Linder Pet Medical Care – CUP H-2016-0064 PAGE 16 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 finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. 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 use. Further, 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.