HomeMy WebLinkAboutMartin Annexation AZ-06-023
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
JUL 18 2006
~'tY. fMeridian
. . lerk Office
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In the Matter of Annexation and Zoning of 1+/- acre from RUT (Ada County) to R-2 (Low-
Density Residential), by the Ada County Highway District (Martin Annexation).
Case No(s). AZ-06-023
For the City Council Hearing Date of: July 5, 2006 (fmdings approved on July 25, 2006)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 5,2006 incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 5,2006 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 5,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 5,2006 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
Cumprt::ht::msivt: Plan of tht: City ufMt:riJ.ian, which was adopted August G, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-023- PAGE Ion
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 suhject to the Legal Description and the Comments in Exhibit B of
the attached Staff Report for the hearing date of July 5, 2006 incorporated by reference.
The Staff Report is concluded to be reasonable and the applicant shall meet all applicable
requirements of the application approval.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicants request for Annexation is approved subject to the provisions listed in the
attached Staff Report for the hearing date of July 5,2006 incorporated by reference.
D. Attached: Staff Report for the hcaring datc of July 5, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-023- PAGE 2 of 3
By action of the City Council at its regular meeting held on the
J~ ,2006.
COUNCIL MEMBER SHAUN WARDLE
25'f; day of
COUNCIL MEMBER JOE BORTON
VOTED~
VOTED ~
VOTED~
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KRTTH RIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
~
ATTEST:
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M~YG>R' TJ\iM e WEERD
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By: JlUJ!AM\JJ
City Clerk's Office
Dated: 1.21-0\.1
CITY OF MERIDIAN FINDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASF NO(S)_ AZ-06-021- PAGF 1 on
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H1::AKlNU DATE OF JULY 5,2006
STAFF REPORT
TO:
FROM:
Hearing Date: 7/5/2006
Mayor & City Council
Sonya Watters/Caleb Hood
Meridian Planning Department
208-884-5533
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SUBJECT:
Martin Annexation
AZ-06-023
Annexation and Zoning of I +/~ acre from RUT (Ada County) to
R-2 (Low-Density Residential).
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Ada County Highway District (ACHD), has applied for Annexation and Zoning
(AZ) to R-2 (Low-Density Residential) for 1+/. acre of property currently zoned RUT in Ada
County. The site is located at 1120 S. Locust Grove Road on the east side of S. Locust Grove
Road, approximately 250-feet north of )-84. Currcntly, there is a single-family home and small
shed on this site. Due to the Locust Grove overpass project, ACHD has acquired the front .513
acre portion of this property and the residence thereon. The Martins have retained the remainder
.486 acre portion in the rear and are planning on constructing a replacement single-family
dwelling and relocating the existing shed on this property. The site is composed of two tax
parcels and has not been previously platlt:u. The subjecl properly is wilhin the Urban Service
Planning Area.
2. SUMMARY RECOMMENDATION
The subject application (AZ) was submitted to the Planning Department for review. Below, staff
has provided a detailed analysis, comments, and recommended actions tor the requested
Annexation and Zoning application. Staff is recommendin!! approval of the proposed Martin
Annexation (AZ-06-023) with the comments listed in Exhibit B of the Staff Report. The Meridian
Plannin!! and Zoning Commission heard the item on June I. 2006. At the public hearing they
moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Kathy Smith (ACHD)
n. In opposition: None.
111. Commenting: None.
IV. Staff presenting application: Caleb Hood
v. Other staff commenting on application: None.
b. Key Issues of Discussion by Commission:
i. Access for parcels in this area, once the overpass gets constructed.
c. Key Commission Changes to Staff Recommendation:
i. None.
d. Outstanding Issue(s) for City Council:
i. None.
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve Pile Number AZ-
06-023 as presented in staff report for the hearing date of July 5, 2006 with the following
modifications: (Add any proposed modifications.)
Martin Annexation AZ-06-023
PAGE 1
CITY OF MERrDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF JULY 5, 2006
Denial
After considering all staff, applicant and public testimony, 1 move to recommend denial to the
City Council of Fil~ Number AZ-06-023 as presented during the hearing of July 5, 2006 for the
following reasons: (You should state specific reasons for denial of the annexation and you must
state specific reason(s) for the denial of the plat.)
Continuance
I move to continue File Number AZ-06-023 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: 1120 S. T ,ocust Grove Road; east side of S. Locust Grove Road,
approximately 250 feet north of 1-84/ 3NIEl7
b. Owners: ACHD, 3775 Adams Street, Garden City, ill 83714
Jackie and Gayle Martin, 1120 S. Locust Grove Road, Meridian, ill 83642
c. Applicant: ACHD, 3775 Adams Street, Garden City, ill 83714
d. Representative: Kathy Smith, ACHD
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Low Density Residential
g. Description of Applicant's Request: The applicant is requesting approval for Annexation and
Zoning ofthe subject 1+/- acre to R-2. ACHD has acquired the front 0.513 acre portion,
including the existing residence, for the future Locust Grove Road overpass project. The
Martins have retained the back 0.486 acre portion on which they will construct a replacement
single~family detached home and relocate the existing shed. Access to the new Martin home
will be provided from a new cul-de-sac that ACHD will be constructing; access will not be
allowed to Locust Grove Road.
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 II Chapter 5, a public hearing is
required before the City Council on this matter.
b. Newspaper notifications published on: May 15th and 29th, 2006 (for Planning & Zoning
Commission hearing) and June Ith and 26th, 2006 (for City Council hearing)
c. Radius notices mailed to properties within 300 feet on: May 5th, 2006 (for Planning &
Zoning Commission hearing) and June 9th, 2006 (for City Council hearing)
d. Applicant posted notice on site by: May 19th, 2006 (for Planning & Zoning Commission
hearing) and June 25t\ 2006 (for City Council hearing)
6. LAND USE
a. Existing Land Use(s): There is one single-family home on this site. The existing home will
bc removcd prior to construction ofthe Locust Grove overpass and a new replacement single-
family dwelling will be constructed on the back portion ofthe property.
b. Description of Character of Surrounding Area: This area consists of one-acre +/-
residential properties in Ada County and industrial property in the City.
Martin Annexation AZ-06-023
PAGE 2
CITY 01' MERIDIAN PLANNING DEPARTMENT STAFF REPUKf t'UR THE HEARING DATE OF JULY 5,2006
c. Adjacent Land Use and Zoning:
I. North: Single-family homes on l-11cre parcels, zoned R-I (Ada County)
2. East: Single-family homes on I-acre lots in Locust View Heights Subdivision,
zoned R-l (Ada County)
3. South: Single-family homes on large parcels, zoned R-l (Ada County)
4. West: Single-family home on large parcel, zoned RUT (Ada County) and property
zoned I-L (City)
d. History of Previous Actions:
None.
e. Existing Constraints and Opportunities:
1. Public Works:
T ,ocation of sewer: This property will be sewered from service stubs installcd
during the ACHD Locust Grove Overpass Project.
Location of water: This property will receive water service from servicc stubs
installed during the ACHD Locust Grove Overpass Project.
Issues or concerns: None.
2. Canals/Ditches Irrigation: Staff is unaware of any canals or ditches on this property.
3. Hazards: No hazards have been identified on this site.
4.
5.
Proposed Zoning:
Size of Property:
R-2 (Low-Density Residential)
I +/- acre
f. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2
enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage.
g. Summary of Proposed Streets and/or Access: A new roadway and cul-de-sac will be
constructed off of Bentley Avenue for access to the Martin's property and will be designed to
allow for Mr. Martin to park his semi tractor and trailer on his property and not in the public
right of way of the cul-de-sac.
7. COMMENTS MEETING
On May 12, 2006, a joint 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, Meridian Police Department, and the Sanitary
Services Company. Staff has included these comments in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low Density Residential" on the Comprehensive Plan Future Land
Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre
(see Page 95 of the Comprehensive Plan.) The Martins' only intend to construct one single-family
residence on their parcel and no hOII1t::s will bt: constructed on the parcel owned by ACHD. The
proposed density is within the anticipated density for this area.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics below policy):
Martin Annexation AZ-06-023
PAGE 3
CITY or MERIDIAN PLANNING DEPARTMENT STAFF REPORT FUR THE HEARING DATE OF JULY 5,2006
.:. Chapter VII, Goal III, Objective A, Action I - Require that development projects have
planned for the provision of all public services.
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 jurisdic.:tiun uf the lvleridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department. who curren#v shares resource and personnel with the
Meridian Rural Fire Department.
· The subject lands currently lie within the jurisdiction of the Ada County Sher(ff'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 Wastewater Department. the Meridian Planning Department, Meridian
Utility Billing Services, and Sanitary Services Company.
.:. Chapter VII, Goal N, Objective C, Action I - Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a low-density residential zone adjacent to existing low-density
residential properties. Staff finds that the impact to the existing residential properties to
the north, south and east will be minimal.
.:. Chapter VI, Goal II, Obj ective A, Action 13 - Review new development for appropriate
opportunities to cormect to local roads and collectors in adjacent developments.
As part of the agreement between ACHD and the Martins, ACHD will be constructing a
new roadway and cul-de-sac for access to the Martin parce!jr'Om Bentley Avenue.
.:. Chapter VII, Goal N, Objective D, Action 2 - Restrict curb cuts and access points on
collectors anu arlcrial streets.
The existing access to Locust Grove Road, an arterial street, will he removed. See
analysis above. City Staff is also supportive of the location of the new roadway and
removal of the existing access to Locust Grove Road.
9. UNIFIED DEVELOPMENT CODE
Martin Annexation AZ-06-023
PAGE 4
CITY or MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THe HEARING DATE OF JULY 5,2006
a. Schedule of Uses: Unified Development Code (UDC) 11-2A-2lists single-family detached
homes as permitted uses in the R-2 zoning district.
b. Purpose Statement of Zone: R-2 Low-Density Residential: The purpose of the residential
districts is to provide for a range of housing opportunities consistent with the Meridian
Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a
requirement for all residential districts. Residential districts are distinguished by the allowable
density of dwelling units per acre and corresponding housing types that can be accommodatcd
within the density range.
c. General Standards: The applicant must meet all dimensional standards of the R-2 zone as
contained in UDC 11-2A-4. No dimensional modifications are being requested.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
I. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested R-2 zone is appropriate for this property. Please see
Exhibit D for detailed analysis of the required facts and findings for annexation.
The annexation legal description submitted with the application (stamped on April 12,
2006 by Stephen Padoris, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
Development Agreement: UDC 11-5B-3.D.2 and Idaho Code S 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 necessary to ensure that this OTOoertv is developed in a fashion
that is consistent with the comprehensive plan designation and does not negatively impact
nearby properties. The applicant shall be subiect to all standards of the UDC.
b. Staff Recommendation: Staff recommends approval of AZ~06-023 for 1120 S. Locust
Grove Road al'o: "resented in the staff reoort for the hearing date of June 1. 2006 based on the
FindiUlls of Fact as listed in Exhibit D. Staff has included all comments and recommended
actions in the attached Exhibit B (because this is only an annexation application, there are no
conditions of approval.) On June 1. 2006 the Meridian Planning & Zoning Commission voted
to recommend approval of AZ-06-023 to the City Council as presented in the Staff Report.
11. EXHffiITS
A. Drawing
I. Locust Grove Grade Separation Plan (dated: 12-05)
B. Agency and Department Comments
I. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
6. Sanitary Service Company
8. Central District Health Department
C. Legal Description & Annexation Boundary Map
D. Rel{uired Findings from Unified Development Code
Martin Annexation AZ-06-023
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT t-'OK THr: HEARING DATE OF JULY 5,2006
A. Drawing
1. Locust Grove Grade Separation Plan (dated: 12-05)
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Exhibit A - Page 1
CITY or MERIDIAN PLANNING DEPARTMENT STAFF REPORT tUR THE HEARING DATE OF JUNE 1,2006
B. Agency and Department Comments
1. Planning Department
1.1 The legal description prepared hy Stephen Padoris, PLS, dated April 21, 2006 and submitted with
the application is accurate and meets the requirements of the City of Meridian and State Tax
Commission.
1.2 All future uses on this site should comply with the provisions of the Unified Development Code
in effect at the time of submittal.
1.3 Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service per City Ordinance Section 9-1-4 and 9-4-8 . Wells may be used for
non-domestic purposes such as landscape irrigation.
2. Public Works Department
2.1 The Martins' shall be required to cormect to City water and sewer service within 60 days of the
time services become available. City sewer and water mains will be constructed with the
extension of the new access road from Bentley Avenue to the Martin property and will be
availablc upon its completion.
3. Fire Department
3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
dw-atiOIl of 2 huurs tu service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 !j," 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 corners when spacing pennits.
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 ofthe!FC 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.
3.4 All common driveways shall he straight or havc a turning radius of 28' inside and 48'
outside and shall have a clear driving surface which is 20' wide.
3.5 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked
in accordance with Appendix D Section DI03.6 Signs.
3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an
all weather surface are requirt:l1 bt::fure combustible construction is brought on site.
Exhibit B - Page 2
CITY OF MERlDIAN PLANNING DEPARTMENT STAFf REPORT fOR THE HbARING DATE OF JUNE 1,2006
3.7 The Fire Dept. has concerns about the ability to address the project and have the
addresses visible from the street which the project is addressed off of. Please contact
Vicki Heugly at 898-5500 to address this concern prior to the public hearing.
3.8 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around thc cxtcrior of the facility or building, on-:site fire
hydrants and mains shall be provided where required by the code official. For buildings
equipped throughout with an approved automatlc sprinkler system installed in accordance
with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
(a) For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet
(183 m).
(b) For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance
requirement shall he 600 fcct (183 m).
4. Police Department
4.1 The Police Department has no concerns related to the site design submitted with the
application.
5. Sanitary Service Company
5.1 Trash collection for the existing residence needs to be from a local street, not from a
collector or arterial.
6. Central District Health Department
6.1 Central District Health Department has no objection to this proposal.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THh HhARING DATE OF JUNE 1,2006
C. Legal Description
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Boundary Description
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Ada County Highway District
Ada County ^sscssor Parcd Numbers S 1117325600 & S 117325650
^ pllTCcl of land situated in the Southwest quaner of S(,~liotJ 17. Township ,1
North. Range I Enst. Boise Meridian. Ada County. Idaoo, heing more p.llrtieularly
described as follows:
Hcgining at a point on the llCCtiOllline which bears South 0"18' 50" WC!lt, 1028,45
feet from the LJuarter -section comer common \0 Sections J 7 and 18, Township 3 North.
Range 1 Easl, Boise Meridian, said point hdng the POINT OF BEGINNING;
poinl;
Thence continuing South 0"IS'50" West. 100.00 feetlllllnll dIe ~clion 1i0l: to a
Thence North 89"50'50" East. 435.00 fCCltOll ptlint;
Thenc:e North 0" 18'50" l:ast. 100,00 fL'elto a point ollllaid section line;
Thence Soulh 119"SIl'50" West. 435.00 feet mong said section line to the Poim of
Beginning.
Said described purcel contains 43.500 Square feet or 1.00 Acres,
Suid p~1 iSllUbj<."ClIO e~mclltll ofrcconJ or in IIse.
This description was prepared by the ACUD survey section flOm that Quitclaim Deed.
lih.od all iusllWUcnt number 1)8()l)216S. records or Ada COUnty. Idaho.
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Exhihit C - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT fOR THE HtAKIN0 DATE OF JUNE 1,2006
A. Legal Description - Annexation Boundary Map
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ACl1D PARCEl # S 1117325600
& N Sl17325650
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Exhihit r - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HbARING DATE OF JUNE 1,2006
D. Required Findings from Unified Development Code
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 R-2. Council finds 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.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Council finds that future development of this property will comply with the established
regulations and purpose statement of the R-2 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 Commission and Council should rely on any oral or
written testimony that may be provided when detennining this finding.
4. The map amendment shall not result in an adverse impact upon the ddivery 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 ofthe City (UDC 1l-SB-3.E).
The R-2 zoning amendment on the subject property corresponds well with existing rural
properties in the near vicinity. Council finds that all essential services are available or
will bc provided by the developer to the subject property and will not require
unreasonable expenditure of public funds. The applicant is proposing to develop the land
in general compliance with the City's Comprehensive Plan. This is a logical expansion
of the City limits. In accordance with the findings listed above, Council finds that
Annexation and Zoning of this propertv to R-2 would be in the best interest of the Citv.
Exhibit D - Page 1