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Ashley Manor H-2016-0043CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0043 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 1.22 Acres of Land with an L-O Zoning District for Ashley Manor, by Mark Ellison. Case No(s). H-2016-0043 For the City Council Hearing Date of: June 7, 2016 (Findings on June 21, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 7, 2016, 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 April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 7, 2016, incorporated by reference. The conditions are concluded to be CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0043 - 2 - 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 applicant’s request for annexation and zoning is hereby approved with the requirement of a development agreement per the provisions in the Staff Report for the hearing date of June 7, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application 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. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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. F. Attached: Staff Report for the hearing date of June 7, 2016 SV By action of the City Council at its regular meeting held on the c day of �-�Vy , 2016. 1 COUNCIL PRESIDENT KEITH BIRD VOTEDA e-5 COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED 3 , COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED e5 COUNCIL MEMBER GENESIS MILAM VOTEDQ b� x, }- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) MayorTam e Weerd Attest: ity or o W IDIgN�. Jacy Anes SEAL City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: City Clei 's Offi Dated: i /a 1 /I (c CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0043 - 3 - EXHIBIT A Ashley Manor – AZ H-2016-0043 PAGE 1 STAFF REPORT Hearing Date: June 7, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Ashley Manor – AZ (H-2016-0043) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Mark Ellison, has submitted an application for annexation and zoning (AZ) of 1.22 acres of land with an L-O zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the requirement of a development agreement containing the provisions listed in Exhibit B per the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on May 5, 2016. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Mark Ellison ii. In opposition: Gerald Clark iii. Commenting: None iv. Written testimony: Mark Ellison, Applicant’s Representative (response to the staff report) v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. The generation of more traffic on Locust Grove from development of this site. c. Key Issues of Discussion by Commission: i. Support of the residential use of the existing home terminating at the time of annexation ordinance approval as recommended in the staff report. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on June 7, 2016. At the public hearing, the Council approved the subject AZ request. a. Summary of City Council Public Hearing: i. In favor: Mark Ellison ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None EXHIBIT A Ashley Manor – AZ H-2016-0043 PAGE 2 b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None di. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0043, as presented in the staff report for the hearing date of June 7, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0043, as presented during the hearing on June 7, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0043 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4379 N. Locust Grove Road, in the NE ¼ of Section 31, Township 4 North, Range 1 East. (Parcel No.: R1608650271) B. Owner: Bright Angel Holdings, LLC 4334 N. Bright Angel Ave. Meridian, ID 83642 C. Applicant: Mark Ellison 4334 N. Bright Angel Ave. Meridian, ID 83642 D. Representative: Peter Rockwell, Glancey Rockwell & Associates 595 S. Americana Blvd. Boise, ID 83702 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 18 and May 2, 2016 (Commission); May 16 and 30, 2016 (City Council) EXHIBIT A Ashley Manor – AZ H-2016-0043 PAGE 3 C. Radius notices mailed to properties within 300 feet on: April 5, 2016 (Commission); May 12, 2016 (City Council) D. Applicant posted notice on site(s) on: April 25, 2016 (Commission); May 26, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: There is a single-family residential home on this site, currently zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential property, zoned RUT in Ada County 2. East: N. Locust Grove Road and rural residential properties, zoned R1 in Ada County 3. South: Office use, zoned L-O 4. West: Vacant/undeveloped property, zoned L-O C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development currently exists in N. Bright Angel Avenue along the west side of the subject parcel. 2. Location of water: A water main intended to provide service to the proposed development currently exist in N. Bright Angel Avenue near the SW corner of the subject parcel. 3. Issues or concerns: Applicant will be required to extend the existing water main in N. Bright Angel Avenue to the north boundary. E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways that cross this site. 2. Hazards: Staff is unaware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Mixed Use - Neighborhood (MU-N) with a Neighborhood Center (N.C.) overlay designation. The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Non-residential uses in these areas tend to be smaller scale and provide a good or service that people typically do not travel far for (approximately one mile) and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Tree-lined, narrow streets are encouraged. Developments are also encouraged to be designed according to the conceptual MU-N plan depicted in the Comprehensive Plan in Figure 3-1 on page 25. In N.C. designated MU-N areas, the City seeks to create a centralized, pedestrian-oriented, identifiable and day-to-day, service-oriented focal point for neighborhood scale development. EXHIBIT A Ashley Manor – AZ H-2016-0043 PAGE 4 The applicant proposes to develop the southern portion of this site with a new office building or expand the existing office on the adjacent parcel to the south. T he existing home is proposed to remain with the intent of remodeling or razing the structure and constructing a new building in the future. Professional offices are listed as a desired use in MU-N designated areas and will provide services for adjacent residential neighborhoods. The proposed office will be compatible with the existing office to the south that is under common ownership. Connectivity between the subject property and adjacent residential properties is provided via existing local streets. The conceptual site plan and proposed future use of the property combined with existing and future uses in this area is generally consistent with the conceptual MU-N plan depicted in the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available to be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Access is not proposed or allowed via Locust Grove Road, an arterial street; access is proposed from Bright Angel Avenue, an existing local street. The existing access driveway via Locust Grove should be removed.  “Cluster new community commercial areas on arterials or collectors near residential areas in such a way as to complement adjoining residential areas.” (3.06.02B) The proposed office(s) is located along an arterial street (Locust Grove) and will complement the adjoining residential area while providing a buffer to the arterial street.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The future office(s) should be compatible with adjacent existing and future residential and office uses.  “Locate small-scale neighborhood commercial areas within planned residential developments as part of the development plan.” (3.05.01E) The proposed office use(s) will provide for small-scale neighborhood services in close proximity to residential uses.  “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) (3.06.02F) A 25-foot wide landscaped street buffer is required along Locust Grove Road, an arterial street, with development of the site.  “Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (e.g., landscaping, fences, etc.). (3.05.02A) With development of the site, landscaping within the parking lot area and street buffers is required in accord with UDC standards. In accord with the above analysis, staff finds the proposed annexation is consistent with the FLUM and the goals of the Comprehensive Plan. EXHIBIT A Ashley Manor – AZ H-2016-0043 PAGE 5 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2B-1, 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. Six 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 of the district in proximity to streets and highways. Allowed uses in the L-O district consist of office uses and adaptive re-use of residential structures with limited hours of operation. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the L-O zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Professional offices are a principal permitted use in the L-O zoning district; single-family dwellings are prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2B-2 for the L-O zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-2 for the L-O zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6B for commercial uses. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 1.22 acres of land with an L-O zoning district. As discussed above in Section VII, the proposed zoning is consistent with the policies in the Comprehensive Plan and the FLUM designation of MU-N with a N.C. overlay district. There is an existing home on the northern portion of the site that is proposed to remain until that portion of the site redevelops in 2018. At that time, the home will be demolished and a new office building is proposed to be constructed. Until that time, the applicant requests approval for the residential use to continue so that the building doesn’t sit vacant until that portion of the site redevelops; this would include use of the existing access via N. Locust Grove Road. Additionally, the owner requests approval to delay hooking the house up to City water and sewer services since it will be demolished in the future. Because residential use of the property is a prohibited use in the L-O district, staff recommends the residential use as well as the access via Locust Grove cease upon approval of the annexation ordinance. Continuance of the residential use would be considered a non- conforming use in the L-O district and as such, would be subject to the standards listed in UDC 11-1B-4. The applicant proposes to develop the southern vacant portion of the site with a new office building or expand the existing office building on the adjacent parcel to the south by the summer of 2017 (see the site plan included in Exhibit A.2). A conceptual elevation for the future office building proposed to be constructed on this site is included in Exhibit A.2. The building is proposed to be similar to the building on the adjacent property to the south under the same ownership. The right-of-way (ROW) for Locust Grove is currently 63+/- feet; the Master Street Map shows it widening to 74+/- feet in the future. It’s not currently in ACHD’s Five Year Work EXHIBIT A Ashley Manor – AZ H-2016-0043 PAGE 6 Plan for widening. Staff recommends future development of the site take into consideration the ultimate ROW in regard to street buffer, sidewalk and building locations. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Once the property is annexed, the applicant intends to apply for a property boundary adjustment to shift the southern property boundary to the north as shown on the annexation exhibit map in Exhibit C. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the conditions included in Exhibit B. In summary, Staff recommends approval of the proposed annexation and zoning request for this site with a development agreement and the recommended provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Proposed Conceptual Site Plan & Building Elevations (dated: 12/3/15) B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 EXHIBIT A: DRAWINGS 1. Vicinity/Zoning Map EXHIBIT A Exhibit A Page 2 2. Proposed Conceptual Site Plan & Building Elevations (dated: 12/3/15) EXHIBIT A - 2 - EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to N. Locust Grove Road, an arterial street, is prohibited in accord with UDC 11-3A-3. b. Sidewalk shall be installed along N. Locust Grove Road where it doesn’t currently exist and along N. Bright Angel Avenue in accord with the standards listed in UDC 11-3A-17. The sidewalk along Locust Grove shall go around the existing irrigation vault to provide continuous pedestrian access. c. Future development of this site shall be generally consistent with the conceptual site plan and building elevations depicted in Exhibit A and the conditions noted in the staff report. d. The site plan submitted with the Certificate of Zoning Compliance application for this site shall take into consideration the ultimate right-of-way for N. Locust Grove Road per the Master Street Map in regard to sidewalk, street buffer and building locations. e. Mitigation is required for any existing trees 4-inch caliper or greater that are removed from the site in accord with the standards listed in UDC 11-3B-10C. Contact Elroy Huff, City Arborist, prior to removal of any trees from the site to confirm mitigation requirements. f. Future development of this site is required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. g. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application prior to submittal of a building permit application(s). h. Hours of operation in the L-O district are limited to the hours between 6:00 am and 10:00 pm as set forth in UDC 11-2B-3A.4. i. The residential use of the subject property shall cease upon annexation ordinance approval. j. If the existing structure is to be retained on the site, the applicant shall be required to cease using any other existing water source or method of disposing of sewage and connect to City water and sewer service within sixty (60) days of approval of the annexation ordinance per MCC 9-1-4 and MCC 9-4-8. 2. PUBLIC WORKS DEPARTMENT 2.1 Applicant will be required to extend the existing water main in N. Bright Angel Avenue to the north boundary. 3. POLICE DEPARTMENT 2.1 The Police Department has no comment on this application. EXHIBIT A - 3 - 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments on this application. 4. REPUBLIC SERVICES 4.1 Republic Services has no comments on this application. 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comments on this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 Site Specific Conditions of Approval 6.1.1 Provide a sidewalk easement encompassing the entire area between the right-of-way line and 2- feet behind the back edge of the sidewalk on Locust Grove Road abutting the site. 6.1.2 Replace any unused driveways and deteriorated/deficient sidewalk with 7-foot wide concrete sidewalk along Locust Grove Road abutting the site. 6.1.3 Complete Bright Angel Avenue as a 40-foot commercial street section, with vertical curb, gutter and 5-foot wide concrete sidewalk within 54-feet of right-of-way (27-feet from centerline). 6.1.4 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 6.1.5 Plans shall be submitted to the ACHD Development Review Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 6.1.6 Comply with the Standard Conditions of Approval as noted below. 6.2 Standard Conditions of Approval 6.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 6.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 6.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 6.2.4 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. 6.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. EXHIBIT A - 4 - 6.2.7 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 DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 6.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 6.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 6.2.11 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 6.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A - 5 - EXHIBIT C: LEGAL DESCRIPTION & EXHIBIT MAP FOR ANNEXATION BOUNDARY EXHIBIT A - 6 - EXHIBIT A - 7 - 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, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds the proposed map amendment to L-O is consistent with the MU-N FLUM designation with a N.C. overlay. The proposed office use(s) will complement adjoining residential uses and provide a nearby service (see section VII above for more information). b. The map amendment complies with the regulations outl ined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the L-O zoning district is consistent with the purpose statement for the commercial districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. 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, The 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. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds annexing this property with an L-O zoning district is in the best interest of the City.