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
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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
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MayorTam e Weerd
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City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
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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
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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
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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
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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
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EXHIBIT C: LEGAL DESCRIPTION & EXHIBIT MAP FOR ANNEXATION BOUNDARY
EXHIBIT A
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EXHIBIT A
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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.