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Alturas H-2018-0105 RZADA COUNTY RECORDER Christopher D. Rich 2019-001825 BOISE IDAHO Pgs=23 LISA BATT 01/09/2019 08:35 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1, City of Meridian 2, Alturas 1550 Tech, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this A -V" day of llWn OHIO", by and between City of Meridian, a municipal corporation of the State of Idaho, here%Nc'alled CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Alturas 1550 Tech, LLC, whose address is 436 East Shore Drive, Suite 210, Eagle, ID 83616, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11 -SB -3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for re -zoning of 7.24 acres of land from I -L (Industrial) zoning district to the C -G (General Retail and Service Commercial) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested annexation and preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government DEVELOPMENT AGREEMENT— ALTURAS (H-2018-0105), PAGE 1 OF 7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 8 , 2 0 1 9 – P a g e 7 0 o f 3 6 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 8 , 2 0 1 9 – P a g e 7 1 o f 3 6 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 8 , 2 0 1 9 – P a g e 7 2 o f 3 6 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 8 , 2 0 1 9 – P a g e 7 3 o f 3 6 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 8 , 2 0 1 9 – P a g e 7 4 o f 3 6 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided, OWNER/DEVELOPER: Alturas 1550 S. Tech Lane, LLC, an Idaho limited liability company By: Alturas Capital Partners LLC, a Delaware limited liability company Its: Manager Travis BaChief Credit Officer CITY OF Mayor Tai�S/de Weerd STATE OF IDAHO ss: County of Ada, ) A UG�`S'T v Cary— E IDIAN+�— r IDAHO Coles, SEAL Clerk On this I-- day ofv , 201, before me, the undersigned, a Notary Public in and for said State, personally appeared Travis Barney, kno n or identified to me to be the Chief Credit Officer of Alturas Capital Partners, LLC, and acknowledged to me that he executed the same on behalf of Alturas 1550 S. Tech Lane, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. +��`�u.u�.�•� (SEAL) ++`` WN /�r'•• • +++� o �•.��{ ••,• of y Public for Idaho , / a cs` K 204% N Residing at::%tom E j�cr/� l�_c (,�• ►.t Akq Zh . t.IOTAiq y• x - My Commission Expires: <1WJ?7 r i •IU i +r : � STATE OF IDAHO ) S ;t U13 L1G;S •ir �. +• SS ••• .OGN pqt 1`b�i� may. ow` County of Ada ) •�i•-�j,, 'oil '�h�Q►'4+'+++ On this day of Jbefore me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified t m to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year in this certificate first above written. (S) Notary CHARLENE WAY Residing at: fqr; [ h a l w ^ COMMISSION 067390 Commission expires: DE LOPMENTSATE O IDAHO RAS (H- 18-0105) PAGE 7 OF 7 MY COMMISSION EXPIRES 3/28122 EXHIBIT A Page 1 Legal Description & Exhibit Map Meridian City Council Meeting Agenda January 8, 2019 – Page 76 of 363 Alturas 1550 Tech Lane Page 2 Meridian City Council Meeting Agenda January 8, 2019 – Page 77 of 363 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0105 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone of 7.24 Acres of Land from the I-L to the C-G Zoning District, by Travis Barney, Alturas. Case No(s). H-2018-0105 For the City Council Hearing Date of: December 4, 2018 (Findings on December 18, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 4, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 4, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 4, 2018, 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 December 4, 2018, incorporated by reference. The conditions are concluded to be Meridian City Council Meeting Agenda December 18, 2018 – Page 101 of 702 EXHIBIT B Meridian City Council Meeting Agenda January 8, 2019 – Page 78 of 363 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0105 - 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 rezone is hereby approved per the provisions in the Staff Report for the hearing date of December 4, 2018, attached as Exhibit A, with the requirement of a development agreement. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. 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 six (6) month approval period. 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 December 4, 2018 Meridian City Council Meeting Agenda December 18, 2018 – Page 102 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 79 of 363 Air By action of the City Council at its regular meeting held on the 8 day of Cel bei 2018. COUNCIL PRESIDENT JOE BORTON VOTED \e4 COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Attest: C ay Coles Civ Clerk Mayor Tammy r-eerd nA?ED AUS GO v cily or w E IDIAN, IDAHO SEAL / Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: I `Z City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0105 N I+LkrrA5 - 3 - Meridian City Council Meeting Agenda January 8, 2019 – Page 80 of 363 EXHIBIT A Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: December 4, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-489-0578 SUBJECT: H-2018-0105 Alturas PROPERTY LOCATION:777 1550 S. Tech Lane North side of W. Overland Rd., midway between S. Linder Rd. & S. Meridian Rd., in the SW ¼ of Section 13, T.3N., R.1W. I. PROJECT DESCRIPTION Rezone of 7.24 acres of land from the I-L to the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Details Page Acreage 7.24 Future Land Use Designation Commercial Existing Land Use Retail, office, church Proposed Land Use(s) Same Current Zoning I-L Proposed Zoning C-G Physical Features (waterways, hazards, flood plain, hillside) Kennedy Lateral runs across frontage of site History (previous approvals) CZC-00-012 (Western Electronics); CUP-01-009 (Treasure Valley Technical Center); A-2018-0089 (Consign) B. Community Metrics Details Page ACHD report (yes/no) Requires ACHD Commission Action yes/no) No No Access (Arterial/Collectors/State One (1) existing access via W. Overland Rd., arterial; and one 3 Meridian City Council Meeting Agenda December 18, 2018 – Page 104 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 81 of 363 Page 2 Details Page Hwy/Local)(Existing and Proposed) (1) existing access via S. Tech Ln., local private Stub Street/Interconnectivity/Cross Access Existing shared driveway access via W. Overland Rd. with the adjoining property to the east; no cross-access/ingress-egress easement exists. 3 Existing Arterial Sidewalks / Buffers Existing sidewalk along W. Overland Rd. & 55’ wide buffer; existing 30’ wide buffer along S. Tech Ln. – sidewalk exists to the north but not south of driveway Proposed Road Improvements None C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Meridian City Council Meeting Agenda December 18, 2018 – Page 105 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 82 of 363 Page 3 III. APPLICANT INFORMATION A. Applicant: Travis Barney, Alturas 1550 Tech Lane, LLC – 435 E. Shore Dr., Ste. 210, Eagle, ID 83616 B. Owner: Alturas 1550 Tech Lane, LLC - 435 E. Shore Dr., Ste. 210, Eagle, ID 83616 C. Representative: Hethe Clark, Spink Butler, LLP – 251 E. Front St./PO Box 639, Boise, ID 83701 IV. NOTICING A. Newspaper notification published on: September 28, 2018 (Commission); November 16, 2018 City Council) B. Radius notice mailed to properties within 300 feet on: September 21, 2018 (Commission); November 13, 2018 (City Council) C. Applicant posted notice on site on: October 6, 2018 (Commission); November 13, 2018 (City Council) D. Next door posting: September 25, 2018 (Commission); November 13, 2018 (City Council) E. Neighborhood meeting date and number of attendees: August 28, 2018; 2 attendees V. STAFF ANALYSIS The Applicant requests approval of a rezone of 7.24 acres of land from the I-L to the C-G zoning district consistent with the Commercial FLUM designation for this property. The existing and continued use of the property for retail, office and church uses is listed as a principally permitted use in the proposed C-G district per UDC Table 11-2B-2, Allowed Uses in the Commercial Districts. No new development or redevelopment of the site is proposed at this time. This property is subject to the terms of the Planned Development (PD) (CUP-01-009) approved in 2001 for Treasure Valley Technical Center; the PD included a larger 33+/- acre property of which this property is a part. The PD allowed professional and sales offices, a daycare center, and community and neighborhood shopping center (i.e. retail) with approval of a conditional use permit, along with any allowed uses in the I-L zoning district; a conceptual development plan was included in the PD as shown in Exhibit C. The Applicant requests the terms of the PD to no longer apply to this property as a provision of the subject rezone application. At the direction of the City Attorney, Staff has included a provision in the Development Agreement for the terms of the PD to no longer apply as requested, rather than modifying the PD. (The entire PD approval can be viewed at: http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=45240&dbid=0 ) City services (i.e. sewer & water service, police & fire protection) are currently provided to this property. Due to the limited sanitary sewer capacity available to this property, all new proposed tenants should first obtain approval from the Public Work’s Department prior to leasing and occupying space within the building in accord with Comprehensive Plan goal #6.02.00, “Ensure that adequate public services are provided for existing and future residents and businesses.” There is an existing full access for this site via S. Tech Lane, a private local street; and an existing full access via W. Overland Rd., an arterial street, shared with the property to the east (#S1213438401, Intermountain Pet Hospital). The ingress access to this site via Overland is located on the adjacent property to the east, while their egress is located on this property; this is the sole access for the property to the east. Although the shared access physically exists and is being used by both parties, there is no ingress/egress easement currently in place. Note: There is a an existing cross-access easement (#2018-039112, #2018-039159) recorded between this property and the adjacent property to the east (#S1213438401); however, it’s conditioned upon the adjacent property granting a Meridian City Council Meeting Agenda December 18, 2018 – Page 106 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 83 of 363 Page 4 reciprocal cross-access easement to the subject property (which hasn’t been done) and does not include the east/west cross-access driveway further to the north that is depicted on the site plan submitted with the Certificate of Zoning Compliance for the parking lot reconfiguration. The current configuration of the access via Overland Rd. and parking lot design on both properties is not a safe design and creates traffic conflicts and unsafe conditions. The two property owners are currently working together on a redesign of the entrance to their properties and parking lots that will create a more safe access via Overland Rd. and circulation between both properties with a new cross- access driveway further to the north between the two properties. As part of the Certificate of Zoning Compliance approval for that project (#A-2018-0296, Intermountain Pet Hospital Parking Lot Expansion), the property owner was required to record a reciprocal cross-access/ingress-egress easement with the subject property owner. The UDC (11-3A-3) requires access to be taken from a local street when available and restricts access to collector and arterial streets; this standard applies when there is a new, expanded, or extended use or development of the property such as this where the zoning/use is changing from industrial to a more intense commercial zoning/use. Because this site has access via a local street (i.e. S. Tech Ln.), access would typically be restricted to that access and access via the arterial street (i.e. Overland Rd.) would be terminated, unless otherwise waived by City Council. Because there is no legal means of ingress to this property or egress for the adjoining property via Overland Rd., if the Applicant wishes to retain the access via Overland, staff recommends a reciprocal cross-access/ingress-egress easement is recorded with the adjacent property to the east prior to rezone ordinance approval as a provision of the proposed rezone in accord with UDC 11-3A-3, which requires cross-access easements to be granted to adjacent properties when access via a local street isn’t available; and Comprehensive Plan action item #3.06.02D, Restrict private curb cuts and access points on collectors and arterial streets.”. In industrial districts, a minimum of one off-street parking space is required for every 2,000 square feet of gross floor area compared to one space for every 500 square feet in commercial districts, per UDC 11-3C-6B. A total of 222 off-street parking spaces currently exist on this site; however, the eastern portion of the parking lot is proposed to be reconfigured through a separate Certificate of Zoning Compliance application that is currently in process which will result in a reduction in parking to 215 spaces. Based on the square footage of the building (i.e. 106,000 square feet), a minimum of 212 spaces are required. The existing and proposed parking complies with the minimum UDC standards although Staff is concerned there will be adequate parking for the use(s); the Applicant should be mindful of the type of potential tenants and their parking needs to ensure adequate parking continues to be provided. Street buffers, landscaping and sidewalks exist on this site along W. Overland Rd. and S. Tech Ln. in accord with UDC Table 11-2B-3 and 11-3A-17, and Comprehensive Plan action item #3.06.02F, which requires appropriate landscaping and buffers along transportation corridors. There are two (2) existing loading docks/areas, one on the west and one on the east end of the building, facing W. Overland Rd. that the applicant wishes to continue using. Current design standards do not allow loading docks/areas to face an arterial street (i.e. Overland Rd.). However, because the loading docks/areas were lawfully constructed at the time, they are considered a nonconforming use and are allowed to remain and be used subject to the standards listed in UDC 11- 1B-4, Nonconforming Use. The City may require a Development Agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. In order to ensure compliance with Staff’s recommendation associated with this application, staff recommends a DA is required with the provisions included in Exhibit VIII. Meridian City Council Meeting Agenda December 18, 2018 – Page 107 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 84 of 363 Page 5 VI. DECISION A. Staff: Staff recommends approval of the proposed rezone application with the requirement of a Development Agreement in accord with the Findings in Section IX per the provisions in Section VIII. B. Commission Recommendation to Council The Meridian Planning & Zoning Commission heard this item on October 18, and November 1, 2018. At the public hearing, the Commission moved to recommend approval of the subject RZ request. a. Summary of Commission Public Hearing: i. In favor: Hethe Clark, Spink Butler (Applicant’s Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. In favor of the reconfiguration of the access for the site and the adjacent site to the east; ii. The loss of industrial zoned property. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on December 4, 2018. At the public hearing, the Council approved the subject RZ request. a. Summary of City Council Public Hearing: i. In favor: Jeff Likes, Applicant’s Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Hethe Clark, Spink Butler (Applicant’s Representative) (in agreement with staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. Concern pertaining to limited sanitary sewer capacity and the need for approval from the Public Work’s Dept. for new users. d. Key Council Changes to Commission Recommendation i. None Meridian City Council Meeting Agenda December 18, 2018 – Page 108 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 85 of 363 Page 6 VII. EXHIBITS A. Legal Description & Exhibit Map Meridian City Council Meeting Agenda December 18, 2018 – Page 109 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 86 of 363 Page 7 Meridian City Council Meeting Agenda December 18, 2018 – Page 110 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 87 of 363 Page 8 B. ALTA-NSPS Land Title Survey Meridian City Council Meeting Agenda December 18, 2018 – Page 111 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 88 of 363 Page 9 Exhibit C: Conceptual Development Plan Approved with Planned Development (CUP-01- 009) Meridian City Council Meeting Agenda December 18, 2018 – Page 112 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 89 of 363 Page 10 VIII. CITY/AGENCY COMMENTS & CONDITIONS 1. PLANNING DIVISION A Development Agreement (DA) is required as a provision of rezone of this property. Prior to approval of the rezone ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone 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 the rezone. The DA shall, at minimum, incorporate the following provisions: a. Due to the limited sanitary sewer capacity available to this property, all new proposed tenants shall first obtain approval from the Public Work’s Department prior to leasing and occupying space within the building. b. The subject property is no longer subject to the conditions of the previously approved Planned Development for this site (CUP-01-009, Treasure Valley Technical Center). c. The loading docks/areas on the east and west ends of the structure are considered a nonconforming use; as such, they’re allowed to remain and be used subject to the standards listed in UDC 11-1B-4, Nonconforming Use. d. A reciprocal cross-access/ingress-egress easement shall be recorded with the adjacent property to the east (#S1213438401, Intermountain Pet Hospital) prior to rezone ordinance approval for shared access of the existing driveway via W. Overland Rd. in accord with UDC 11-3A-3A.2. This provision has been satisfied. 2. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=155933&dbid=0 3. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/156213/Page1.aspx 4. NAMPA & MERIDIAN IRRIGATION DISTRICT NMID will not require a Land Use Change Application be filed for review nor have any further comments on this application – per Greg Curtis’ email on October 15, 2018 Meridian City Council Meeting Agenda December 18, 2018 – Page 113 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 90 of 363 Page 11 IX. FINDINGS 1. REZONE (UDC 11-5B-3E) 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 a rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to the C-G zoning district is consistent with the existing use and Comprehensive Plan FLUM designation of Commercial for this site. (See section V above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statement of the commercial district per UDC 11-2B-1. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment should not be detrimental to the public health, safety, or welfare. 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). This finding is not applicable as the request is for a rezone, not annexation. Meridian City Council Meeting Agenda December 18, 2018 – Page 114 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 91 of 363