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HomeMy WebLinkAboutFred Pratt RZ-05-020 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER RECEIVED MAR 0 9 2006 City OfMericlian Ct1\æk Office ""- g /' <on" ~~ '.. \.JV'Lðrldiãn $;;\ I, lij.\HO V \... ) \.\~4" ¡" ~,.\,. "- "--.!I< --, , ~,~ -..-'1"1,'.""""-\./",= 'O!'i! .,-... 1m In the Matter of a request to Rezone .17 acres from R-4 to the 0- T zone for operation of a barber shop, by Fred Pratt Case No(s). RZ-OS-020 For the City Council Hearing Date of: February 7, 2006 A. Findings of Fact L Hearing Facts (see attached Staff Report for the hearing date of February 7,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 7, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 7,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 7, 2006 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 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 § II-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-020 - PAGE 1 oD 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 and the Conditions of Approval all in the attached Staff Report for the hearing date of February 7,2006 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 7,2006 incorporated by reference. D. 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 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 may be 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. E. Attached: Staff Report for the hearing date of February 7,2006 By mion of the City Council at its regular meeting held on the tI/1...f/fv , 2006. , I~ day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-O20 - PAGE 2 of 3 COUNCIL MEMBER SHAUN WARDLE VOTED $~ VOTED $A-- VOTED *4-1 VOTED~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED -- MA YORT~M ,.äe WEERD ,/_~~~~{ ¡:::::-,.,!:~':,-f'F,::-,;,~'/:~- ATTEST' .~ (it, ".":, :""'..- +.1" -~~- . f '/ '"', /i:ò'j' "'%;- ~' Ä~~ ( "'~'-""" .~ :aL ~ -"-- ILLIAM G, BERG, JR., ITY LE~ \!~¡~"'- ".{/'>':"'I 1 %,~~~, 0.,,':.'::'. ,,' ,> <,,:/!:~;'.,:>' ""'I' (,}"'" \.,>" ,~,':-" I" '.'-", . -\' Copy served upon: V Applicant 'i¡,'¡Yi¡¡¡,:¡!'!on"'I.,"" \,00""'" Planning Department V"'" Public Works Department / City Attorney By.: Dated: 3~..21-0L.J CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-O20 - PAGE 3 of 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 STAFF REPORT City Council Hearing Hearing Date: 2/7/2006 Mayor, City Council Josh Wilson, Associate City Planner Fred's "Reel" Barber Shop olferldl~~ \ I' f /- ,~ !9'1 JlJ,\HfI ~ ì;:£~i'>, ""--~--1~:T',. ,...,,"'!:s~' TO: FROM: SUBJECT: . RZ-05-020 Rezone ,17 acres from R-4 to 0- T zone for operation of a barber shop 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Fred Pratt, has applied for a Rezone (RZ) of .17 acres from R-4 (Medium-Low Density Residential) to O-T (Old Town) for operation of a barber shop at 1127 N. Meridian Road. The site is located on the west side of N. Meridian Road, south of Washington Street. This site cuITently contains one existing residence, The applicant has submitted a site plan which shows proposed parking, landscaping, and right-of-way improvements to be constructed on the property. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on xx, At the public hearing they moved to recommend denial/approva1. a. Summary of Public Hearing: i. In favor: Fred Pratt, applicant ii. In opposition: None, iii. Commenting: None, iv. Staff presenting application: Josh Wilson v, Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Time frame for completion of the site improvements. c. Key Commission Changes to Staff Recommendation: i, Add a requirement that the applicant enter into a Development Agreement with the City of Meridian, which states that the existing business shaH be allowed to operate while site improvements are being made and that the business shall not operate for a period exceeding 12 months, from approval by the City Council, without the site improvements being completed. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Recommend Approval I move to approve File Number RZ-05-020 as presented in the staff report for the hearing date of February 7,2006, and the site/landscape plan dated November 7,2005 with the following modifications to the conditions of approval: (add any proposed modifications). Recommend Denial I move to deny File Number RZ-05-020 as presented in the staff report for the hearing date of February 7, 2006, and the site/landscape plan dated November 7, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application Fred Pratt RZ-O5-002 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 to gain your recommendation for approval). Continue I move to continue the public hearing for File Number RZ-05-020 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1127 N. Meridian Road / West side ofN. Meridian Road, south of Washington Street Section 12 T3N R1 W b. Owner: Fred Pratt 3071 W. Ravenna Street Meridian, Idaho 83642 c. Applicant: Fred Pratt 3071 W. Ravenna Street Meridian, Idaho 83642 d. Representative: Fred Pratt, Owner e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: 1. Date of site/landscape plan (attached as Exllibit AI): November 7,2005 h. Applicant's Statement/Justification (reference submittal material): Fred's "Reel" Barber Shop will be located in Meridian's Old Town. It will be an old fashion barber shop with three barbers. It will have a seating capacity of approximately 14 customers. The location is an older red brick home built in 1956. The shop is approximately 1,161 square feet. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as deteunined by City Ordinance. By reason of the provisions ofUDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: December 19 and January 2,2005 c. Radius notices mailed to properties within 300 feet on: December 19, 2005 d. Applicant posted notice on site by: December 26, 2005 6. LAND USE a. Existing Land Use(s): Existing residence b. Description of Character of Surrounding Area: Existing single family residences and commercial uses, zoned R-4, R-15, and O-T c. Adjacent Land Use and Zoning Fred Pratt RZ-OS-OO2 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAI'F REPORT FOR THE HEARING DATE OF FEBRUARY 7. 2006 1. North: Existing single family residence, zoned R-4. 2. East: Existing residences, zoned R.15. 3. South: Existing single family residence, zoned R-4. 4. West: Existing single family residence, zoned R-4. d. History of Previous Actions: None. e. Existing Constraints and Opportunities L Public Works Location of sewer: Location of water: Already serviced Already serviced None. Issues or concerns: 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches lITigation: 5. Hazards: None. 6. Proposed Zoning: O-T 7. Size of Property: .17 acres None. g. Off-Street Parking (non.residential uses) 1. Parking spaces required: 3 2. Parking spaces proposed: 6 3. Compact spaces proposed: No compact spaces are proposed. 4. Off-site parking proposed: None. i. Sununary of Proposed Streets and/or Access (private, public, common drive, etc.): to the proposed parking lot will be from Washington Street to the north. The access 7. COMMENTS MEETING On December 16, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. Because this is only a rezone application, there are no conditions of approval. All comments will need to be addressed at the time of Certificate of Zoning Compliance approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Old Town", and it is currently zoned R-4. Old Town is defined as follows: "This includes the historic downtown and the true community center, Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures Fred Pratt RZ-O5-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF FEBRUARY 7, 2006 would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design ofthe facing houses and buildings." Staff fmds that the proposed Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists personal and professional services as a Pennitted Use in the O-T zone, b. Purpose Statement of Zone: The purpose of the O-T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the OT District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed rezone and use as a barber shop. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on November 4, 2005 by Colleen Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, 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, 1. Administrative Desil!n Review: The proposed site improvements associated with the proposed use as a barber shop shall be subject to Administrative Design Review as set forth in UDC 11.2D-4, and the applicant shall apply for Administrative Design Review concurrently with the Certificate of Zoning Compliance application. 2. Sanitary sewer and water service: The CUITent residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is unknown at this time, nor do we know whether they adequate to provide the needed service to the proposed change in use. Applicant should coordinate with the Public Works Fred Pratt RZ-OS-OO2 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7. 2006 Department for service prior to the issuance of the Certificate of Zoning Compliance. b. Staff Recommendation: Staff recommends approval of RZ-05-020 for Fred's "Reel" Barber Shop as presented in the staff report for the hearing date of January 5, 2006 based on the Findings of Fact as listed in Exhibit D. Staff has included all comments and recommended actions in the attached Exhibit B. Because this is only a rezone application, there are no conditions of approval. All comments will need to be addressed at the time of Certificate of Zoning Compliance approval. 11. EXHIBITS A. Drawings 1. Site/Landscape Plan (dated: October 13, 2005) B. Department Comments 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 C. Legal Description D. Required Findings from Zoning Ordinance Fred Pratt RZ-O5-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 A. Drawings 1. SitelLandscape Plan (dated: November 7,2005) ::1- r -.. .. ... "" ~ ff II t/' , I" f/' :it... f 0 ~ íi t~ ...J ,. Z Þ I .. t/" () .- " ..... ....J V\ tit S 1> :P r < ~ IU.I-!." flYi, wNl "OÞ' .1 po <J' E"" r:9 " 1! -c:t ~ i<~ 'C;, .... p ~!:\ :::.\ _ -r £.' ..- ~ f'J y -1 ~ cJ %. 'Or -! Z- [ro' "I' ~ ~~ ~ 3 ' _co -r #p L ~ q'" If\ n\ 0 ~f ~ ,.. c.J \""" Z :Þ . - ~ ~. ~ tP ~ u:P 'fd :3> lJ' ~~ I ro ø I' C1 OJ ~ , ~F $ :r> ...... ~ ~ ~ :P ~ , I (" <) I ., .. s:: VI '"f' c, .""'Urf 1Dvt.b.1> í ' VI c1 % ..., 1 M\O 0 £ , ""111\ P (\;p ""Q ,. , f. 1"\ ~ I. ~ð "" ~ø .. ... I ~I '" p11'[.L ., ~ ~ ~ ~ ::\ °... I I ~ ~ 'P ~ ~ .,.. flI 0./' P lr " L fa I/" '" I" ~ I) Þ p-D o;tE:. JL~. ~ [~ f1\ ~~ CI <f 9 f'" t Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 B. Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description prepared by Colleen Marks, PLS, dated November 4, 2005 and submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 A Certificate of Zoning Compliance (CZC) application shall be submitted for approval prior to construction of the site improvements. 1.3 The proposed site improvements shall be subject to Administrative Design Review as set forth in UDC 11-2D-4, and the applicant shall apply for Administrative Design Review concurrently with the Certificate of Zoning Compliance application. 1.4 Prior to the 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 Attornev. Bill Nary. at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request. The DA shall incorporate the following: . That all future uses shall not involve uses, activities, 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. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. That the existing business shall be allowed to operate while site improvements are being made and that the business shall not operate for a period exceeding 12 months, from approval by the City Council, without the required site improvements being completed. 2. PUBLIC WORKS DEPARTMENT . . 2.1 The current residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is not known at this time, nor do we know whether they are adequate to provide the needed level of service to the proposed change in use. Applicant should coordinate with the Public Works Department for service prior to the issuance of the Certificate of Zoning Compliance. 3. FIRE DEPARTMENT 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant 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 comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 3. Operational fIre hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 4. Provide a Knox box entry system for the complex prior to occupancy. 5. Contact Joe Silva at 888-1234 for a Fire Department inspection prior to issuance of a commercial Certificate of Occupancy for the building. 4. POLICE DEPARTMENT 1. The Police Department has no concerns with the application. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 6. SANITARY SERVICE COMPANY 1. SSC has no concerns with the application. 7. ADA COUNTY HIGHWAY DISTRICT 1. Approved with no conditions. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 C. Legal Description Colleen Marks, L.S. 7045 . 6405 Ustlck Road. Boise, Idaho 83704 Phone: (208) 378~7703 . Fax: (208) 378.7759 . Emall: marksls@velocltus.net REZONE DESCRIPTION A parcel ofland being all ofLat 4, Block I, one ha1föfthe adjacent right of ways of N. Meridian Street and W. Washington Street and one half of the adjacent alley, all being part of Niday's Second Addition as recorded in Book 11 of Plats at Page 594, records of Ada County. Idaho, said parcel lying in the 5£114 NEI/4 of Section 12, T.3N., RIW., Boise Meridian, City of Meridian, Ada County, Idaho, said parcel also being more particularly described as follows: Commencing at a point marking the Section Comer common to Sections 1 and 12, T.3N., RJ W., and Sections 6 and 7, T.3N., RIB., Boise Meridian, Ada County, Idaho, said point lying along the centerline of N. Meridian Street; thence S.OOoOO'E, 695.8 feet more or jess along the easterly boundary of said Section 12 and the said centerline ofN. Meridian Street to a point marking the NE Comer of said Niday's Second Addition; thence continuing S,OooOO'E. 978.0 feet more or less along the said easterly boundary of Section 12, the easterly boundary of said Niday's Second Addition and the said centerline ofN. Meridian Street to a point marking the centerline intersection of said N. Merict1an Sjreet and said W. Washington Street, said point also marking THE REAL POINT OF BEGINNING: thence continuing S.OooOO'E. 94.0 feet mote or less along the said easterly boundary of Section 12, the said easterly boundary of Niday's Second Addition and the said centerline ofN. Meridian Street to a point; thence N.89°50'W. 158.0 feet more or less along the southerly boundary of said Lot 4, Block I, Niday's Second Addition to a point of intef5ection of said southerly boundar-Joe Niday's Second Addition with the said centerline of the alley; thence N.OOoOO'W, 94.0 feet more or less along the said centerline of the alley to a point marking the centerline intersection of said alley with the centerline of said W. Washington Street; thence S.89°50'E. 158.0 feet more or less along the said centerlineofW, Washington Street to the point of beginning, containing 0 34 acres, morc or less. McRIDIAN p~aLlc W(')R¡(S DEPT Pl.tt Lot4 BIkLdoc - I - SUBJECT TO: Any casements or rights of way of record or in use::. ~!'-,() I- HOV 0 a 2005 Exhibit C Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 3£w ~ ~ cici zz r')r') ,..:,..: NE CORNER NIDA y'S SECOND ADDITION 6 12 7 ÍD L(J 01 <D .w S 0 ~ (I) w. w. I- W W a::: 01- eri(/) 'I;; ----------------1 I~ ~ BLOCKS 2-4, : IP - i I j NIDA y'S SECOND l I ~ 0 -----_J l______-~~~~~~~-----_J 1(1) es WASHINTON STRE~T' ~S~9'50,[' 158.1"- ~ ~ 0 0 - Z ..¡ f""') ~ -------01 r--------------------, ;;; ~ :i': : I. - I I W ~ 01 I LOT 4, BLOCK 1, I ro g g: NIDAY'S SECOND: 30' g ffi ~H-I ADDITION : =i~ Z I I (I) APfRO!tAL >- - , 1 ~ -- ,I ,OJL--'- j~ I - Nß9'SO'W 15B-O'~ ~ «&t"> I , " I 1 I I ,',"i' I.J../ (I) 1 I 1 , ,',""-"; ~v: ¡ I ¡ LOTS 1-3, BLOCK 1 : - I 1 I 10 ------- ELM a (Q 60 0 60 120 , .30 SCALE IN FEET CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7. 2006 D. Required Findings from Zoning Ordinance 1. Rezone 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 and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to O-T. City Council fmds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that personal and professional services are pennitted uses within the requested zoning district ofO-T, The submitted site plan shows dimensions and elements which confonn to the proposed zoning designation. City Council finds that the site is large enough to contain the required parking and landscaping. The applicant will be required to apply for a Certificate of Zoning Compliance prior to construction of the site improvements to ensure compliance with City Code. Exhibit D 2. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, 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. 4.