Milano Animal Care Facility CUP H-2023-0026 CITY OF MERIDIAN C�
E IDIAN ---
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND I D A H O
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit Conditional use permit request to operate
an animal care facility offering general practices such as examinations,wellness visits,surgery,
dental and x-ray procedures from a new 3,100 square-foot building on 0.75 acres of land in the L-O
zoning district by Latoysha Burton,Blue Frog,LLC.
Case No(s).H-2023-0026
For the Planning& Zoning Commission Hearing Date of: July 6,2023 (Findings on July 20,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of July 6,2023, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of July 6,2023, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of July 6,2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 6, 2023, 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
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). Milano Animal Care Facility#H-2023-0026
Page 1
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
7. That this APPROVAL is subject to the conditions of approval in the attached staff report for the
hearing date of July 6, 2023, 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 a conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of July 6,2023,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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a),an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). Milano Animal Care Facility#H-2023-0026
Page 2
G. Attached: Staff Report for the hearing date of July 6,2023
By action of the Planning&Zoning Commission at its regular meeting held on the 20th day of
July ,2023.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER JARED SMITH VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MANDI STODDARD VOTED
COMMISSIONER ENRIQUE RIVERA VOTED
Andrew Seal, Chairman 7-20-2023
Attest:
Chris Johnson, City Clerk 7-20-2023
Copy served upon the Applicant,the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
By: Dated: 7-20-2023
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). Milano Animal Care Facility#H-2023-0026
Page 3
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 7/6/2023 Legend 0
DATE:
Project Location
TO: Planning&Zoning Commission
FROM: Linda Ritter,Associate Planner C-C EH -8 E
208-884-5533LTI
SUBJECT: H-2023-0026 L_ L1LW1llIRU 4
Milano Animal Care Facility CUP a 8
LOCATION: 3020 W.Milano Drive, near the northeast
corner of Ten Mile Road and McMillan C G L-O C-C R=13 :U -
Road, in the SW 1/4 of the SW 1/4 of R-4 a `RUT
Section 26,Township 4N,Range 1 W.
(Parcel#R9010670030)
� 8 _0J C-N R�8
I. PROJECT DESCRIPTION
Conditional use permit request to operate an animal care facility offering general practices such as
examinations,wellness visits, surgery, dental and x-ray procedures from a new 3,100 square-foot
building on 0.75 acres of land in the L-O zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.75 acres
Future Land Use Designation Office
Existing Land Use(s) Vacant
Proposed Land Use(s) Animal care facility
Lots(#and type;bldg./common) One(1)vacant lot with proposed office/pet hospital
Neighborhood meeting date;#of 3/9/2023
attendees:
History(previous approvals) Verona Subdivision(AZ-03-005),DA#103097612;
Verona Subdivision No.3 Rezone(RZ-05-006);Verona
Subdivision No. 3 FP(FP-05-046);DA Mod(MI-08-006,
DA#108101152);H-2021-0080.
Page 1
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Not at the time of report publication
• Requires ACHD Commission No
Action es/no
• Traffic Impact Stud es/no
Access(Arterial/Collectors/State One(1)drive aisle access point to N. Cortona Way along
Hwy/Local)(Existing and Proposed) the east boundary is proposed through an existing curb cut.
This drive aisle is shown to continue west through adjacent
sites and connect to an existing commercial drive aisle that
has an access point to W.Milano Drive.
Existing Road Network Public road network is existing adjacent to site(W.Milano
Drive and N. Cortona Way);drive aisle network for unit
access is not existing.
C. Project Area Maps
Future Land Use Map Aerial Map
Legend 0 Legend
■Project Location Project Location
IH
edium Density
C e Rsidential _- =
r TM
Comme vial Resi a is w ,
Low De�sitL Resient i id ll
Page 2
Zoning Map Planned Development Map
Legend 0 Legend
Project Location t 11 Project Location
®
R-4 � ;� City Limits
—Planned Parcels
_8 ed'1 ULMW Density
MU-C Residential
C-CU f � f
�- Office
° R4 � High Density°
Commerc al Residential
C-G -O C-C n �.
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wrc_:W_�� RUSTLo��w DerisrtL Resic�nt
III. APPLICANT INFORMATION
A. Applicant:
Latoysha Burton,Blue Frog,LLC—3011 Sutton Gate Drive, Ste. 120, Suwanee, GA 30024
B. Owner:
David Yorgenson,Timberland Building Partners LLC, 14254 W. Battenburg,Boise,ID, 83716
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Notification published in
newspaper
6/20/2023
Notification mailed to property
owners within 300' 6/15/2023
Applicant posted public hearing
notice sign on site 6/21/2023
Nextdoor posting 6/20/2023
V. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan)
A. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
This property is designated Office on the Future Land Use Map(FLUM)in the Comprehensive Plan.
This designation is meant to provide opportunities for low-impact business areas. These uses would
include professional offices,technology and resource centers; ancillary commercial uses may be
considered(particularly within research and development centers or technological parks).
Page 3
The property was annexed and zoned in 2003 to the R-8 zoning district. In 2005, a rezone application
was approved to change the zoning to the current L-O zoning district. Consistent with this rezone, a
final plat was approved for six(6)office lots as part of Verona Subdivision No. 3. The DA from 2008
is the relevant agreement for this site but did not have a concept plan for these lots. In lieu of a
concept plan,the DA references specific limitations to the allowed commercial area and included a
provision that a minimum of three(3) office buildings in this office development. This provision has
been satisfied with the existing development of three(3)office buildings. In addition, specific
elevations were included as part of the DA that the current proposal generally complies with. Staff
notes, despite no Development Agreement Modification being required,the relevant DA
contemplates all commercial uses within the subject office lots.
To the east and north of the subject sites are detached single-family residential that are part of the
Verona Subdivision. To the south is approximately 10 acres of C-G zoned property that includes a
number of commercial properties under development. The existing use is on the hard corner of
McMillan and Ten Mile and is a fuel service station and convenience store. Directly to the south and
across W. Milano,the largest commercial parcel has approvals for a 164 unit 55 and older multi-
family development. Staff anticipates future residents of that site could utilize the service of the
proposed development.As the Applicant is proposing to develop a veterinary hospital offering
general practices such as examinations,wellness visits, surgery, dental and x-ray procedures on this
site. The proposed use is listed as a conditional use in the L-O zoning district in UDC Table 11-2B-2.
B. Comprehensive Plan Policies (https://www.meridiancioy.orglcompplan):
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this property(staff analysis in italics):
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services."(3.03.03F)
City water and sewer services are available and can be extended by the developer with
development in accord with UDC 11-3A-21.
• "Ensure that quality fire protection,rescue and emergency medical services are provided within
Meridian."(4.11.03)
The proposed veterinary hospital is within a reasonable response time zone for emergency
services.
• "Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities, and other best site design practices."(3.07.01A)
There is an existing 6-foot tall fence and a 20 foot wide landscaped buffer along the north
property boundary bordering the existing residential uses to assist in screening and buffering the
proposed use.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed veterinary hospital is located adjacent to a residential neighborhood to the north
and east. This development is within a low office area and the proposed use will not create
conflicts between land uses as the uses.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."
Page 4
(3.03.03A)
The proposed development will connect to City water and sewer systems;services are required to
be provided to and through this development in accord with current City plans.
• "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided
with development as proposed. Curb, gutter and sidewalks have already been installed for this
development.
• "Slow the outward progression of the City's limits by discouraging fringe area development;
encourage development of vacant or underutilized parcels currently within City limits." (4.05.03B)
Development of the subject vacant land, currently in the City limits, is encouraged over parcels on
the fringe of the City. The development of this property will result in better provision of City
services.
VI. UNIFIED DEVELOPMENT CODE ANALYSIS(UDC)
A Conditional Use Permit is requested to develop a 3,100 square foot animal care facility offering
general practices such as examinations,wellness visits, surgery, dental and x-ray procedures on 0.75-
acres of land in the L-O zoning district as required by UDC Table 11-2B-2. See application narrative
for more information.
A. Existing Structures/Site Improvements:
There are no existing structures on this site. Attached sidewalks and a twenty (20)foot
landscaping buffer along N. Cortona Way have been installed. A twenty (20)foot
landscape buffer has been installed on the north side of the property as it is adjacent to a
residential neighborhood.
B. Proposed Use Analysis:
The proposed use "Animal Care Facility" is an allowed use with an approved
conditional use permit.
C. Specific Use Standards(UDC 11-4-3):
1. All animals shall be indoors at all times, except when being exercised.At such times,
animals shall be under the supervision and direct control of a caretaker.
The applicant is proposing to install two (2) wooden privacy fenced areas are located on the
north and west side of the building to ensure animal safety. These areas will be used to walk
the animals while in the hospital care in a safe environment and to prevent escape and/or
injury to the animals.
2. The facility owner and/or operator shall comply with all state and local regulations
relative to such a facility and shall maintain housekeeping practices designed to prevent
the creation of a nuisance and to reduce noise and odor to a minimum.
The animals will be indoors at all times except when exercising. All animal waste shall be
maintained and discarded in a manner that minimizes odor. The applicant will need to
coordinate with Republic Services for the appropriate size and location of the proposed
trash enclosure and relocate to it to an area that is away from the residential development.
Page 5
D. Dimensional Standards(UDC 11-2):
The proposal meets the dimensional standards for setbacks, landscape buffers,parking
requirements, landscape requirements and maximum building height.
E. Hours of Operations(UDC 11-2B-3B):
Business hours of operation within the L-O and C-N Districts shall be limited from 6:00 a.m. to
10:00 p.m. The applicant is proposing to operate the business within the following hours:
Monday through Friday- 7 a.m. to 6p.m.;Saturday-8 a.m. to 12Am.
F. Access(UDC 11-3A-3, I1-3H-4):
Access for the proposed project has been installed along the south side of the property and
connects to N. Cortona Way, which is a residential neighborhood street, along the east boundary
of the site. This is the only direct access to a public street for the project. The applicant will be
required to construct the entire length and width of the two-way drive aisle along the southern
border of the property.
G. Parking(UDC 11-3C):
Off-street vehicle parking is required per the standards listed in UDC 11-3C-6B.1. Based on the
3,100 square foot facility, a minimum of 6 parking spaces are required.A total of 14 spaces are
proposed, in excess of UDC standards.
H. Sidewalks(UDC 11-3A-17):
Sidewalks along N. Cortona Way currently exist for this development.
I. Landscaping(UDC 11-3B):
Interior landscaping is being proposed. See the attached landscape plan in Section VIII(B).
J. Fencing(UDC 11-3A-6, 11-3A-7):
There is an existing six (6)foot fence on the north side of the property separating the adjacent
residential neighborhood from the proposed commercial use.
K. Utilities (UDC 11-3A-21):
Water and sewer services were installed with the construction of N. Cortona Way and stubbed to
the parcel. Street lights were installed to the east across N. Cortona Way with the construction of
N. Cortona Way. No additional street lights are being proposed with this development.
There are existing fire hydrants at the corner of W.Milano Drive and N. Cortona and Way N. Cortona Way
and W. Wapoot Street.
L. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed structure as shown in Section
VIII(C). Building materials consist of Nardi board trim, Nardi board lap siding, Nardi board
fascia, Nardi board shake siding, synthetic stone sill, synthetic stone wainscot, and shingle roof.
Final design is required to comply with the design standards in the Architectural Standards
Manual and recorded development agreement.
Page 6
VII. DECISION
A. Staff:
Staff recommends approval of the Conditional Use Permit with the conditions noted in Section IX
below.
B. The Meridian Planning&Zoning Commission heard this item on July 6,2023. At the public
hearing.the Commission moved to approve the subject Conditional Use Permit request.
1. Summary of the Commission public hearing:
a. In favor: All
b. In opposition:None
c. Commenting: Dan Lardie.Levin Associates, Danielle Berry,Blue Frog,LLC: Dave
Yorgason,Joshua Smith.Veterinarian.
d. Written testimony: None
e. Staff presenting application: Linda Ritter.Associate Planner
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission.
a. Noise concerns regardinganimals being outdoors and barkin fora significant period of
time. The Commission was reassured all animals will be under direct control of a
technician and on a leash when outside.No more than one animal at a time will be
outside.
4. Commission change(s)to Staff recommendation:
a. None
Page 7
VIII. EXHIBITS
A. Site Plan(date: 6/8/2023)
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Page 8
B. Landscape Plan(date: 6/9/2023)
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Page 9
C. Building Elevations—Front and Right(date: 12/13/2022)
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Page 10
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the previous conditions of approval and
terms of the existing Development Agreement and the conditions contained herein [AZ-03-
005,DA#103097612; RZ-05-006; FP-05-046;MI-08-006, DA Inst. # 108101152; H-2021-
00801.
2. The proposed project shall comply with the standards listed in UDC 11-4-3-22 for animal
care facilities.
3. The site and landscaping plans shall depict the location and a detail of the bicycle rack that
complies with the location and design standards listed in UDC 11-3C-5C.
4. The hours of operations shall be limited to 6:00 a.m. to 10:00 p.m.per UDC 11-2B-3B.
5. The applicant shall construct the entire length and width of the two-way drive aisle along the
southern border of the property prior to occupancy.
6. Protect the existing landscaping on the site during construction,per UDC 11-3B-10.
7. The area labeled future parking on the site plan is not been approved for parking until the area
is approved per the standards set forth in UDC 11-3C-5B.
8. A Certificate of Zoning Compliance and Design Review application shall be submitted and
approved for the proposed use prior to submittal of a building permit application. The design
of the site and structures shall comply with the standards listed in UDC 11-3A-19; the design
standards listed in the Architectural Standards Manual.
9. The applicant shall coordinate with Republic Services for the appropriate size and location of
the proposed trash enclosure. The trash enclosure shall be relocated away from the residential
development.
10. The conditional use permit is valid for a maximum period of two (2) years unless otherwise
approved by the City. During this time,the Applicant shall commence the use as permitted in
accord with the conditions of approval, satisfy the requirements set forth in the conditions of
approval, and acquire building permits and commence construction of permanent footings or
structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested
as set forth in UDC 11-5B-6F.
B. FIRE
1. Must meet final approval for subsequent future buildings for permitted process.
2. Must meet current IFC codes.
C. PUBLIC WORKS
1. Ensure no sewer services pass through infiltration trenches.
2. Call out removal of the blow off.
D. Ada County Highway District(ACHD)
1. Click on link to review comments.
E. Idaho Transportation Department(ITD)
Page 11
1. Click on link to review comments.
X. FINDINGS
Conditional Use(UDC 11-5B-6)
Findings: The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
Staff finds the site is large enough to accommodate the proposed use.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
Staff ,finds the proposed veterinary hospital will be harmonious with the Comprehensive Plan and
is consistent with applicable UDC standards with the conditions noted in Section IX of this
report.
3. That the design,construction, operation and maintenance will be compatible with other uses in
the general neighborhood and with the existing or intended character of the general vicinity and
that such use will not adversely change the essential character of the same area.
Staff ,finds the proposed design, construction, operation and maintenance of the proposed use will
be compatible with other uses in the general neighborhood, with the existing and intended
character of the vicinity and will not adversely change the essential character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
Stafffinds the proposed use will not adversely affect other properties in the vicinity if it complies
with the conditions in Section IX of this report.
5. That the proposed use will be served adequately by essential public facilities and services such as
highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal,
water, and sewer.
Stafffinds the proposed use will be served by essential public facilities and services as required.
6. That the proposed use will not create excessive additional costs for public facilities and services
and will not be detrimental to the economic welfare of the community.
Staff ,finds the proposed use will not create additional costs for public facilities and services and
will not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes,materials, equipment and
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise, smoke, fumes, glare or odors.
Stafffinds the proposed use will not be detrimental to any persons,property or the general
welfare by the reasons noted above.
8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
Staff ,finds the proposed use will not result in the destruction, loss or damage of any such features.
9. Additional findings for the alteration or extension of a nonconforming use:
Page 12
a. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.
Page 13