HomeMy WebLinkAboutWilliams Pipeline Annexation AZ-06-020
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
JUN 2 3 2006
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In the Matter of Annexation and Zoning (AZ) to C-G (General Commercial) for 4.65 acres
of property currently zoned RUT in Ada County by Williams Pipeline, also Northwest
Pipeline Corporation
Case No(s). AZ-06-020
For the City Council Hearing Date of: June 6, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 6, 2006 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 6,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 6, 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. 967-6503).
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 9
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-020
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, and any Conditions of Approval in
the attached Staff Report for the hearing date of June 6, 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 9 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 Annexation and Zoning as evidenced by having submitted
the Annexation and Zoning Application is hereby approved; and,
2. The provisions of approval are as shown in the attached Staff Report for the hearing
date of June 6, 2006 incorporated by reference.
D. Attached: Staff Report for the hearing date of June 6, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-020
By action of the City Council at its regular meeting held on the
J'~. ,2006.
27f1.
- day of
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED ~
VOTED ~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYORTAMMYdeWEERD
VOTED
-
ATTEST:
I f/rt'J/~
Copy served upon:
v
V
V
v
By: "'. AU ~
~lerk's Office
Dated: 1. 3~ lD
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-020
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
STAFF REPORT
TO:
Hearing Date: 6/6/06
Mayor and City Council
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FROM:
Joe Guenther, Associate City Planner,
Jenny Veatch, Associate City Planner
Meridian Planning Department
208-884-5533
SUBJECT:
Williams Pipeline Annexation
AZ-06-020
Annexation and Zoning of 4.65 acres from RUT (Ada County) to
C-G (General Commercial).
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Williams Pipeline also Northwest Pipeline Corporation, has applied for
Annexation and Zoning (AZ) to C-G (General Commercial) for 4.65 acres of property currently
zoned RUT in Ada County. The site is located on the south side of Interstate 84, at the
intersection with Locust Grove Road. This site is currently commercial/industrial with one office
building and accessory buildings with storage of maintenance equipment. The applicant is
proposing to construct an office and associated storage/maintenance buildings on the site.
2. SUMMARY RECOMMENDATION
The subject property is within the Urban Service Planning Area. Staff has provided detailed
analysis and recommends that the subject be approved with the provisions detailed in this report.
Staff is recommending approval of the Williams Pipeline Annexation. submitted as AZ-06-020.
with the conditions listed in Exhibit B ofthe Staff Revort. The Meridian Planning and Zoning
Commission heard the item on April 20. 2006. At the public hearing thev moved to recommend
approval. At the June 6. 2006. Meridian City Council hearin2 the Council voted to approve
the subject application.
a. Summary of Commission Public Hearing:
i. In favor: Wes Steele (representing applicant)
ii. In opposition: none
iii. Commenting: none
lV. Staff presenting application: Joe Guenther
v. Other staff commenting on application: none
b. Key Issues of Discussion by Commission:
1. none;
c. Key Commission Changes to Staff Recommendation:
1. none
d. Outstanding Issue(s) for City Council:
1. none
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Number(s) AZ-
06-020 as presented in the staff report for the hearing date of June 6, 2006 with the following
modifications to the conditions of approval: (add any proposed modifications).
Denial
WiLLiAMS PIPELINE Annexation - AZ-06-020
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
After considering all staff, applicant and public testimony, I move to deny File Number(s) AZ-06-
020 as presented in the staff report for the hearing date of June 6, 2006, for the following reasons:
(you should state specific reasons for denial of the annexation). I further move to direct Legal
Department Staff to prepare an appropriate fmdings document to be considered at the next
Planning and Commission hearing on June 6, 2006.
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number AZ-
06-020 to the hearing date of (insert continued hearing date here) for the following reason(s):
(you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1301 S. Locust Grove Road
b. Owner/Applicant
Williams Pipeline, LLC
1301 S. Locust Grove Road
Meridian Idaho 83642
c. Representative: Wes Steele, Habitec
d. Present Zoning: RUT (Ada County)
e. Present Comprehensive Plan Designation: Mixed Use Community
f. Description of Applicant's Request: Request for Annexation and Zoning (AZ) to C-G
(General Commercial) for 4.65 acres of property currently zoned RUT in Ada County.
g. Applicant's Statement/Justification: The site is located on a main collector which will be
upgraded as a major arterial with the future Locust Grove Overpass. The subject property is
appropriate for commercial/office uses. The use will not change from County to City
jurisdiction.
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. Newspaper notifications published on: April 3 and April 17, 2006 (for Planning & Zoning
Commission hearing) and May I and May 15, 2006 (for City Council hearing).
c. Radius notices mailed to properties within 300 feet on: March 31, 2006 (for Planning &
Zoning Commission hearing) and April 28, 2006 (for City Council hearing).
d. Applicant posted notice on site by: April I 0, 2006 (for Planning & Zoning Commission
hearing) and May 13, 2006 (for City Council hearing).
6. LAND USE
a. Existing Land Use(s): There is an existing home and other outbuildings on the subject site.
b. Description of Character of Surrounding Area: The parcels to the south and west are
WILLIAMS PIPELINE Annexation - AZ-06-020
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6,2006
either zoned commercial or proposed commercial zones. To the north is the interstate with the
proposed ACHD right of way for the Locust Grove Road overpass. This area is rapidly
transitioning from rural to urban/commercial.
c. Adjacent Land Use and Zoning:
1. North: Commercial, zoned C-G
2. East: Future Right of way, zoned IL
3. South: vacant commercial, Maverick, Ada County RUT and Meridian City C-C
4. West: Singlewfamilywvacant farm site, zoned RUT
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: Sewer is available in Locust Grove Road.
Location of water: Water is available in Locust Grove Road
Issues or concerns: Without conceptual sewer design it is difficult to
determine if this property will all gravity to existing mains.
2. Vegetation: none.
3. Floodplain: N/ A
4. CanalslDitches Irrigation: All irrigation ditches, laterals and canals should be tiled
when this property develops.
5. Hazards: Staff is not aware of any hazards associated with this property.
6. Proposed Zoning: C-G (General Commercial)
7. Size of Property: 4.65 acres
f. Subdivision Plat Information: The applicant has not submitted a preliminary plat with
the subject annexation application as they intend to keep the entire site for their own uses.
Staff recommends that the City waive the requirements of the Development Agreement (DA)
for developing the subject property. Please see Analysis below for recommended DA
proViSiOns.
g. Landscaping:
1. Width of street buffer(s): Per City Code, a 25-foot wide landscape street buffer is
required adjacent to Locust Grove Road, a recently classified arterial roadway (UDC
11-2A-4).
2. Width ofbuffer(s) between land uses: N/A all properties are proposed as C-G
h. Required Commercial Standards: C-G
Setbacks Proposed Required
Landscape (Commercial)
Arterial Road (Locust Grove)
1-84 (Future)
NA
NA
35
50
1. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not
WILLiAMS PiPELiNE Annexation - AZ-06-020
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
proposing to develop/plat this property at this time. There will be a future arterial roadway
east ofthis site which will eventually overpass Interstate 84Road. The subject site will be land
locked by the Interstate 84 and overpass construction; therefore, the applicant will be required
to have a new access at the south end of the site.
7. COMMENTS MEETING
On March 31, 2005, ajoint agency and departments meeting was held with service providers in
this area. The agencies and departments present include: Meridian Fire Department, Meridian
Parks Department, Meridian Public Works Department, and the Sanitary Services Company.
These agencies were unable to comment as there was no conceptual design provided. No
comments are included with this report as all uses will require at minimum a certificate of zoning
compliance where the agencies will have the opportunity to condition specific uses.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use Community" on the Comprehensive Plan Future Land
Use Map. In Chapter VII ofthe Comprehensive Plan, this designation is defined in part as an area
that is situated in highly visible or transitioning parts of the City where innovative and flexible
design opportunities are encouraged. The MU-C has up to 200,000 on the square footage of non-
residential uses and is intended to allow a broad range of uses. Staff recommends that the
Commission and Council rely on any verbal or written testimony that may be provided at the
public hearing when determining the most appropriate zone for this property.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the subject property (staff analysis in italics below policy):
. Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project 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 (ACHD). This service will not change.
. The subject lands are currently serviced by the Meridian School District #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 subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
WILLIAMS PIPELINE Annexation - AZ-06-020
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF JUNE 6, 2006
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
. Protect existing residential properties from incompatible land use development on adjacent
parcels. (Chapter VII, Goal IV, Objective C, Action I)
The applicant is proposing a commercial zone adjacent to proposed or established
commercial districts. Stafffinds that impacts to the existing residential properties to the south
and west can be limited through design as to be compatible with the proposed development if
appropriate fencing, access points, and landscaping are installed with this project and in
cooperation with the future ACHD interstate overpass.
. "Permit new. . .commercial developments only where urban services can be reasonably
provided at the time of fmal approval and development is contiguous to the City." (Chapter
IV, pg. 26, Goal I, Obj. A, #6)
Municipal water, solid waste and other services exist to this area of Meridian.
. "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107,
Goal IV, Obj. D, #2)
The curb cuts and access points will be designed to be consistent with other proposals of this
size and nature. However, these will be approved with the filing of a detailed development
proposal andfull review by ACHD.
. Review new development for appropriate opportunities to connect to local roads and
collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13)
No stub streets are currently provided to the subject site. See bullet above.
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this
application:
· "The capacity of arterial. . .roadways can be greatly diminished by excessive driveway
connections to the roadways. The City should cooperate with ACHD to minimize access
points on arterial. . .roadways as development applications are reviewed." (Chapter VI, page
72)
· "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
· "Identify transitional zones to buffer commercial and residential uses, to allow uses such as
offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102)
Stafffinds that the proposed C-G zoning designation is generally harmonious with and in
accordance with the Comprehensive Plan.
9. ZONING ORDINANCE
a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2lists the pennitted, accessory,
and conditional uses in the C-G zoning district.
b. 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.
F our 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
WILLIAMS PIPELINE Annexation - AZ-06-020
PAGE 5
CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
of the district in proximity to streets and highways. C-G General Retail And Service
Commercial District: The purpose of the C-G district is to provide for commercial uses which
are customarily operated entirely or almost entirely within a building; to provide for a review
of the impact of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel-related
services as well as retail sales for the transient and permanent motoring public. All such
districts shall be connected to the municipal water and sewer systems of the city, and shall not
constitute strip commercial development and encourage clustering of commercial
development.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested C-G zone is appropriate for this property. Please
see Exhibit C for detailed analysis of the required facts and findings.
The annexation legal description submitted with the application (stamped on February
24, 2006 by Michael Engebritson, PLS) shows the property as contiguous to the
existing corporate boundary of the City of Meridian.
Special Considerations:
Development Alrreement: UDC 11-5B-3.D.2 and Idaho Code 9 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 not necessarv to
ensure that this property is developed in a fashion that is consistent with the
comprehensive plan desilZllation and does not nel!atively impact nearby
properties. Williams pipeline has been at the site since 1959 and the uses are not
expected to chanl!e. The applicant shall be subiect to all standards of the UDC
includinl! a Certificate of Zoninl! Compliance for new structures and alternative
compliance for the existinl! structure if it is to remain.
b. Staff Recommendation: Staff recommends that the applications for the subject
property be approved with the associated development agreement which would be in
the best interests of the city to be annexed into the City with a C-G zoning designation
with the aforementioned Annexation & Zoning provisions. All future development
would be subject to staff level review and future detailed approval consistent with the
UDC. On June 6. 2006. the Meridian Citv Council voted to aooroval the subiect
aoolication.
11. EXHmITS
A. Legal Description
B. Conceptual Site Plan
C. Required Findings from Zoning Ordinance
WILLIAMS PIPELINE Annexation - AZ-06-020
PAGE 6
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF JUNE 6, 2006
Exhibit A - Legal Description
ELS ENGEBRlTSON LAND SURYEYS1 TNe
2251 S. Sumac Street, Boise, Idaho 83706
Te/ephooe (208) 859-6032 Fax (208) 383-0892
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FetlnBy 24, 2006
ELS Project No. 25OlI8O
NOf1tNest PipetJe Corponilon
1301 S. l.ocWt Growl Road
Ada Cully .. 1JII~'s Number $111844Z!OO
Contains 4.69 8lRI +I-
ItER/IlIAN PU8l1C
WORKS DEPT.
EXJ8I' -A-
A trad of Ia1d siIdaIBd MUm a portion <<the SoufIeEt % of Ih8 SouIleast % of Seam 18. Township 3 North. Range 1
Ea9f, BtiIIe MerikI, Ada Counly, Idaho and desl:riled. t'oIbws:
ConInenct1g at !he Southeast comer d said SIdDn 18 frun whi::tl the e.t % of said SecIIon beIn
NorIl 00"-31'-32" Ease 8 cfisBa d 2659.40 .... ItIn::e IDbIlty _ the easlllrty _ af... ~ J4 d Ihe
Souha8t % of secIion 18 Nodh 00"-31'-32" East a dIsIance d 370.46 feet b the POINT OF 8EGINNlNG.
Thence ~ said 8lIlIeI1y line NorfI89" -26'-66' Wef/fA a d.!stln:e of 54.00 feet ~ a blnd steel pin on the
W8lM!JtIr ~ line of Soulh LocusI GftNeIbld;
ThEn:e COIlIRIIvJ North 89"-26'-56" Weet . di5tIInce rl70.4118e1 kl a bmd 8iIIlI pin;
lhence NoffI42"-1O'.27" west a cIIllIn:e d 16121 feet b 8 fluid silel pin;
ThEn:e NottI3T..zf.". West a disfReol31D.32tee1b a bind silel pin;
Th9noe NorII 00"43'-00" West a dislln:e of ZJ1.64 W b a blnd ... pin;
Thence Nt:dl89" -40'-16" East a tIU'N:e II 321.90 l:Iel.il a poiIt on said wesaBtfy 1\1fIW-way h;
Thenl:e conI1IiJg Harth 89~--4O'-16" East a dista'lce of 89.09 Mltlo a p:linton S8Id eeIllrlr h;
ll8Ie8 ~ Mlng said 888B1y h SouIl 00"-31'-32' West a disIanca of 626.48 feet ID lite POINT OF
BEGINNING.
The ~ iact of...., txll1IaRl4.89 _ 01204,119 9qUllIe reec llOB 0I1e9s .., il8Ubj8ct ID aM eIisfing
easements tnI~.
See &hIliI 'B" aaac:hed "-il and made a pat of.
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CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6, 2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 6,2006
C. Required Findings from Zoning Ordinance
1. 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 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 all of the subject property to C-G. 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, ofthe Staff Report.
2. The map amendment complies with the regulations outlined for the
proposed district, specifically the purpose statement;
No development is proposed concurrent with the zoning map amendment.
Council finds that future development of this property should comply with the
established regulations and purpose statement of the C-G zone.
3. The map amendment shall not be materially detrimental to the public
health, safety, and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. The Council relies on any oral or written
testimony that may be provided when determining this finding.
4. 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,
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.
5. The annexation is in the best of interest of the City (UDC II-5B-3.E).
Council finds that the annexation and zoning: of this propertv to C-G would be in
the best interest of the City.