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HomeMy WebLinkAboutVicki Garton September 20th 2006 &'~ut-;(;, ~2 S 'Lgj];~,. < _. - -( i,"q l\."\~~Sl~)~.!l.~~~~:........ r,--' '1 ,,) ,- -'---, I-~ ;:)i.'<lH'<U ~~\~~L';-:'~-iJG &, ,-0' John S. Franden, President Carol A. McKee, 1st Vice President Dave Bivens, 2nd Vice President Sherry R. Huber, Commissioner Rebecca W. Arnold, Commissioner TO: Vicki Garton 1900 E. Blue Tick Meridian, ID 83642 SUBJECT: MRZ-06-009 435 W. Broadway Rezone: I-L to R-8 SEp! 2006 The Ada County Highway District has reviewed your application for the above referenced development and determined the following FINDINGS OF FACT: · Broadway Avenue is currently improved with 2 travel lanes, paved shoulders, and no curb, gutter, or sidewalk abutting the site. · Broadway Avenue currently has 60-feet of right-of-way abutting the site. · The traffic count for Broadway Avenue west of 3rd Street on 06/15/2005 was 895 VTD. This application is for a rezone only. Listed below are some of the site specific conditions of approval that the District may require when it reviews a future development application (additional site specific requirements may be levied with a specific redevelopment application). SITE SPECIFIC CONDITIONS OF APPROVAL: · Construct a Broadway Avenue to one half of a 36-foot street section with curb, gutter, and a 5- foot concrete sidewalk abutting the site, within the right-of-way; in compliance with the following policy: -District policy 7204.4.2 states, "developments with any buildable lot that is less that 1-acre in size will typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back-of-curb to back-of-curb. Variations of this width may be allowed, depending on traffic volumes forecast to be generated by the development. Concrete sidewalks shCiIl be a minimum ~! 5-feet in width unle~s they_ ar~ separated"fromthe cUr'b-S-feetor more in whicfi case fhe sidewaiksl1all be a minimum- of 4-feet in width. · Driveway access to the site should be located at least 50-feet from the nearest public intersection, be no greater than 20-feet wide, paved the entire width and at least 30-feet into the site; in compliance with the following policy: -Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 1S-foot radii abutting the existing roadway edge. -District policy 72-F4 (1) and 72-F4 (2), requires driveways located on local residential roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). -District Policy 7207.9.3 restricts residential driveways to a maximum width of 20-feet. Ada County Highway District · 3775 Adams Street · Garden City, ID . 83714 . PH 208 387 6100 . FX 345-7650 . www.achd.ada.id.us c. -' STANDARD CONDITIONS OF APPROVAL: · Any existing irrigation facilities shall be relocated outside of the right-of-way. · Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. · All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. · Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. · Comply with the District's Tree Planter Width Interim Policy. · UNjty sJt~~t.c_uts i.n PaYerl]~"nt l~sJ;jJhanfiv.e years oJd_ are not~jlpwedMlJless approve~ in_w(iting by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. · All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. · The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. · Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. · Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. · It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLlNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic . -' '~---Operatid'ris:38'T--61901r'i the-evenfany AGHD-coiiduitslsparefo(filledfare compromisea auhng any phase of construction. · No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. · Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CONCLUSIONS OF LAW: · The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. · ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Please feel\free to contact me if you have any questions or concerns (208)387-6187. Sincerely, \~ ~ --"'fF' . \~ / Andrew Mentzer Planner I ~-'-. '~~"Right-of-Wa"r&' O~velopmenr-SefVite-s' ., -. -.---. ~ ~~:.:.:;~T ,I;' ._-.ob,-~~..,..;:!,;,,'-~'T" ~._'""--""-'= "NION p.- CIFIC '::";;,,, .- - -' --.;t . , ~ ..~' . .. "I";' .''0 " . ' - ~... =t ."~~ ~"'- ,', ....;;-:J~.,..,:m ~..:".,.._._.._.-:-~-.""..!:_~::-~..,~. ~:""'jT':(~ . _:- """,-- '>oiij["..., '~..... J J., .....:.;-. ., _, _ ~.I+:~i' ~ ,\_ ,. j oW _ _ ~ - ___ ~ .... __ \t~ r _ ~ ., I ~~.... c-.--r - _ __. ... .. II J<O '- ~ -"'-..' -.J.. -, -",'-- -' - - ..:~, "';'"j':o:i~-r~~~"'~:-:'-~~ - ~~'~~~~-'_----_J..:-__~__. ,,~ ~ -..) . ~ .--.~:~"'" _ -~ ~~ ~rl ,- -':;. ' ,~-. ....~.~... ',~:, ~. - - - -.::1 - =.. ... '.~ ~'"- " ...~ _Lo." ,.~_ .. &...-, ., , i. .. . \ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 STAFF REPORT TO: FROM: Hearing Date: October 19, 2006 Planning & Zoning Commission Sonya Watters, Associate City Planner 208-884-5533 ot1;;;dl~ '\ \ IDAHOl' . ;. '" '" '" , ~\~, " - .~' --.- ""', . '~.1!"A>>I.,!,: ",~~ OCT SUBJECT: Rezone at 435 W. Broadway Avenue for Vicki Garton . RZ-06-009 " .""" . , ". ~. .:.:.:. -, ~ Rezone of 0.57 acre from I-L (Light Industrial) to R-8 (Mediuri:1~DensltY'- - Residential), by Vicky Garton. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Vicki Garton, has applied for a Rezone (RZ) of 0.57 acre from I~L (Light Industrial) to R-8 (Medium-density residential) for the property located at 435 W. Broadway Avenue. The applicant is requesting the subject property be rezoned so the existing single-family dwelling can be considered a conforming use in the zone (the I-L zone prohibits residential uses). The site is located on the south side ofW. Broadway Avenue, just west ofW. 4th Street in Section 12, Township 3 North, Range 1 West. This site currently contains one existing residence and several outbuildings. 2. SUMMARY RECOMMENDATION Staff recommends approval of RZ-06-009. as presented in the staff r~ort for the hearing date of October 19. 2006 based on the Findings of Fact as listed in Exhibit C. Staff has included all comments and recommended actions in the attached Exhibit A. NOTE: Because this is only a rezone application, and no new development is being proposed, there are no conditions of approval. 3. PROPOSED MOTIONS Recommend Approval I move to recommend approval to the City Council of File Number RZ-06-009 as presented in the staff report for the hearing date of October 19, 2006, with the following changes to the staff report: (add any proposed modifications). Recommend Denial I move to recommend denial to the City Council of File Number RZ-06-009 as presented during the hearing on October 19, 2006, for the following reasons: (you should state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval). Continue I move to continue the public hearing for File Number RZ-06-009 to (date certain) for the following reason(s): (insert reason). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 435 W. Broadway Avenue South side ofW. Broadway Avenue, just west ofW. 4th Street, in the south-east ~ of Section 12, Township 3 North, Range 1 West. b. Owner: 435 W. Broadway Avenue Rezone for Vicki Garton - RZ-06-009 PAGE CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER J 9,2006 George William & Viola Nelson 435 W. Broadway Ave. Meridian, Idaho 83642 c. Applicant: Vicki Garton 1900 E. Blue Tick Street Meridian, Idaho 83642 d. Representative: Vicki Garton, Applicant e. Present Zoning: I-L (Light Industrial) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: Single-family residences are prohibited in the I-L zone. Therefore, the existing residence is a non-conforming structure. The applicant is applying to rezone the subject property so that the existing single-family residence will be a conforming use in the zone. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason ofthe provisions ofUDC 11-5B-3, a public hearing is required before the Commission and City Council on this matter. b. Newspaper notifications published on: October 2nd and October 16th, 2006 c. Radius notices mailed to properties within 300 feet on: September 22, 2006 d. Applicant posted notice on site by: October 9, 2006 6. LAND USE a. Existing Land Use(s): Single-family dwelling. b. Description of Character of Surrounding Area: Primarily existing single-family dwellings, with some nearby industrial uses, zoned I-L. c. Adjacent Land Use and Zoning: 1. North: Existing single-family residences, zoned R-15. 2. East: Existing single-family residences, zoned I-L. 3. South: Union Pacific Railroad, industrial property (Louisiana-Pacific), zoned I-L. 4. West: Existing single family residence, zoned I-L. d. History of Previous Actions: The City recently approved a rezone from I-L to O-T for the property located at 608 W. 3Td Street, in the general vicinity as the subject property. That situation was similar to the subj ect request for rezone. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Already serviced Location of water: Already serviced Issues or concerns: None 435 W. Broadway Avenue Rezone for Vicki Garton - RZ-06-009 PAGE CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19. 2006 2. Vegetation: NA 3. Flood plain: NA 4. Canals/Ditches Irrigation: None. 5. Hazards: None. 6. Proposed Zoning: R-8 7. Size of Property: 0.57 acre 7. COMMENTS MEETING On September 29,2006 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. No significant comments were received from any agencies or departments. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Medium Density Residential", and it is currently zoned I~L. The purpose ofthe Medium Density Residential designation is as follows: "to allow smaller lots for residential purposes within city limits. Uses may include single- family homes at densities of three to eight dwelling units per acre." Staff finds that the proposed Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table 11-2A-2 lists single-family dwellings as a Permitted Use in the R.8 zone. b. Purpose Statement of Zone: The purpose of the residential district 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 accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: The applicant is requesting a rezone of this property, primarily because the existing single-family residential use is prohibited in the I-L zone. Most fmancia1 institutions will not fmance a non~conforming use/property because if the structure is significantly damaged it can not be re-built. In order to re-build a home on this site, the zoning would have to conform to the uses listed in the UDC. The R-8 zone is the consistent with the Future Land Use Map designation for this property, and will allow, as a principally permitted use, single-family homes. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed zoning and existing uses on this site, staff believes that the rezoning of this site to R-8 is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings. 435 W. Broadway Avenue Rezone for Vicki Garton - RZ-06-009 PAGE CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19, 2006 The legal description submitted with the application shows the property within the existing corporate boundary of the City of Meridian; however, it does not meet the City's and State Tax Commission's requirements. Prior to rezone ordinance approval. the applicant must submit a metes and bounds le2al description to the centerline of W. Broadwav Avenue that is stamped and si2ned by a re2istered Professional Land Surveyor. alon2 with a calculated closure sheet and an exhibit map that reflects the boundaries of the le2al description. Sanitary sewer and water service: 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 unknown at this time. The applicant will be responsible for all costs associated with any sewer and water service extension or upgrade. Wells may only be used for non- domestic purposes such as landscape irrigation. All future re-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. b. Staff Recommendation: Staff recommends approval of RZ-06-009 for 435 W. Broadway Avenue as presented in the Staff Report for the hearing date of October 19, 2006. Staff has included all comments and recommended actions in the attached Exhibit A (because this is only a rezone application, there are no conditions of approval). 11. EXHmITS A. Agency and Department Comments 1. Planning Department 2. Public Works Department 3. Fire Department B. Legal Description & Map C. Required Findings from Zoning Ordinance 435 W. Broadway Avenue Rezone for Vicki Garton - RZ-06-009 PAGE CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19. 2006 A. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description submitted with the application does not meet the requirements of the City of Meridian and State Tax Commission. Prior to rezone ordinance approval by City Council, the applicant shall submit a metes and bounds legal description and associated documents as stated under the Analysis section of this report that meets these requirements. 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. 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. The applicant will be responsible for all costs associated with any sewer and water service extension or upgrade. Wells may only be used for non-domestic purposes such as landscape irrigation. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require a fITe-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire proj ect. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Final Approval of the fITe 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 corners 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 ofthe project. 3.3 All common driveways shall be straight or have a turning radius of 28' inside and 4S' outside and shall have a clear driving surface which is 20' wide. 3.4 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.5 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 fITe apparatus access road, as measured by an approved route around the exterior 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 automatic 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 be 600 feet (183 m). Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 19. 2006 B. Legal Description (not approved) & Vicinity Map '<'he East 75 teet of ".he, west 270 reet or the fOllewing coml:dne:d tracts. I - BSGXNlUNG at a point 166 feet lIeet of a point 4Q feet Borth of the Hor,thwest COni"" ot Blo.::1< 6 ot IIBS'IVUlII AilDITIClIl to the village ot Meddian, Ada County, State ot Idaho, ~ence West perallel to Section line 250.5 teet, thanee SOUthJaralllll to Section line 342.44 reetl thence East ang the Eight Mile Ditch right-at-way 250.5 reet: tluInc:e North to the FaIlIT OF SllGI!lllfUIG, all beine 111 the North hlt of t:he SOllth~et Quart.." of S..ction 12. 'l'olmehip 3 North, aange 1 ""st, Boi..., MeridiaD. AI,SO CCMNIlIIICI$:.I at the c....t..:c of 'Section 12, TowIiship 3 North, RlUlge 1 lIellt. Sob.. Meridian, eud =iag thllll"e South 560 ,feet, thence llaIIt 750 feet to t:he real PLACB 011' IIIlGIIIIIIlNO, :tIlmOing thenc" South parallel with Section line to th8 ditch ri~t-of_w.y; thence Sast along ditch right-of-way 235.5 t..et:: thence Horth parallel with S..ction line 342.44 teetl tbence Weet to l'l.ACIi OF BBGI!lllfIIIG. ZXCEPrIYG thoee portions deeded to the UAited Statea or Americ:a, ac:tiDg Wlder tluI provid....e Of the ~t or CcmgresB of June 17, 1902, (32 Stat., 388) kaOlIn as the Reclemation Act: ALBO ::;:;:;:;r-:-:NG :.:=:n the above 'deec:r1.bed llUlds the lieBt 85/100 of an acre, w~ " - - "I .' " . 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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 rezone the subject property to R-8. Staff 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; Staff fmds that single-family dwellings are permitted within the requested zoning district of R-8. Further, Staff finds that the site is large enough to contain the required off-street parking. There is no new development proposed at this time; any new development must conform to current City Code. 3. The map amendment sball not be materially detrimental to the public health, safety, and welfare; Staff fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely 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, Staff 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. Exhibit C ."~'''. ". ,;.'~'} ';:,~,'~:'~. ~..,.-\ ~.n__,.,;; 'f"'-~" -r-"Ii"-....~ -r~-~ \1"\, ".' ". .<"'~ f '" "I. t_.'I.~ - ,,- -... \. ..',; ~L~ OCT 0 "} 2006 AFFIDA VIT () .j' l':~ I:>~ I, Vicki Garton, hereby certify that the Legal Notice of Public Hearing for proposed Re-Zone of the property located at 435 W. Broadway Ave., Meridian, ID 83642 was posted on October 5, 2006 at 435 W. Broadway Ave., Meridian, ID 83642. thA'JA) :J:t1ll~ Vicki Garton Dated: 10/5/0& $. SUSCRIBED AND SWORN TO BEFORE ME THIS 5 DAY OF OCTOBER, 2006. - {,J10N'- Notary ~btic IL Of ..LD/P'WtJ -- " KHURSHED.M. TENGRA NOTARY PUBLIC STATE OF IDAHO Commission Expires: t?3/..?~ /a.M 7 I I n-;.