Cherry Linder Rezone RZ 06-012
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05121/07 09:57 AM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City of Meridian
AMOUNT .00
30
1111111111111111111111111111111111111
107071998
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Darren Blaser, Owner/Developer
THIS DEVELO~T ~REEMENT (this Agreement), is made and
entered into this .!l.. ~ ~ "-day of : , 2007, by and between City of Meridian, a
municipal corporation of the State fIdaho, ere after called CITY, and Darren Blaser, whose
address is 6732 West State Street, Garden City, Idaho 83714, hereinafter called
OWNER/DEVELOPER.
1.
RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or
equity, of certain tract ofland in the County of Ada, State ofIdaho,
described in Exhibit A for each owner, 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, I.C. ~ 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-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 Ordinance 11-5B-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer have submitted an application for
annexation and zoning of the Property's described in Exhibit A, and
has requested a designation of C-C, Community Business District
(Municipal Code of the City of Meridian); 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 subject Property
will be developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the City
DEVELOPMENT AGREEMENT (RZ 06-012) CHERRYILINDERREZONE PAGE 1 OF 11
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 27th day of February, 2007, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the Findings); and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into
a development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 OWNERlDEVELOPER deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the Property
is developed and the subsequent use of the Property is in accordance
with the terms and conditions of this development agreement, herein
being established as a result of evidence received by the City in the
proceedings for zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian Unified Development
Code, Title 11.
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY ILINDER REZONE PAGE 2 OF 11
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue of
law of the State ofIdaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 OWNERlDEVELOPER: means and refers to Darren Blaser, whose
address is 6732 W. State Street, Garden City, Idaho 83714, the party
that owns and is developing said Property and shall include any
subsequent owner(s) or developer(s) ofthe Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re-zoned C-C (Community
Business District), attached hereto and by this reference incorporated
herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code ~ 11-2B-2 which are herein specified as follows:
Retail uses in the proposed C-C zone on 1. 69 acres, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this RZ 06-012 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property In accordance with the
following special conditions:
1. 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.
DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY/LINDERREZONE PAGE 3 OF 11
2. All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
3. The applicant shall be responsible for all costs associated with sewer and
water service installation.
4. The following shall be the allowed uses on this property: Permitted and
accessory uses within the C-C zone. All conditionally permitted uses in said
zone shall be subject to CUP approval.
5. The applicant shall be responsible to obtain a Certificate of Zoning
Compliance (CZC) permit from the Planning Department prior to
construction on the subject site.
6. The applicant shall be allowed to construct only one driveway access to
Cherry Lane, at a location to be approved by the Ada county Highway
District (ACHD). No other public street access to Cherry Lane or Linder
Road will be permitted to this site.
7. The applicant shall construct, at minimum, a 25-foot wide landscape buffer
along Cherry Lane and Linder Road. The landscape buffers shall be placed on
the subject property exclusive of any right-of-way that may be required by the
Ada county Highway District (ACHD).
8. The applicant shall submit a recorded copy of a cross access agreement that
grants two cross access driveways (one to the north and one the east) to parcel
number S 1201336305. A copy ofthe recorded cross access agreement shall
be submitted with the Certificate of Zoning Compliance (CZC) application
for this property.
9. The applicant shall complete all required improvements prior to obtaining a
Certificate of Occupancy for the proposed development.
10. Any future building on this site shall be generally consistent with the
elevations submitted by the applicant, drawn by Thomas R. Ensley &
Associates, dated 10/11/2006, with the following additions:
. All exterior building walls shall demonstrate the appearance of high-
quality materials of stone, brick, wood or other native materials.
Acceptable materials include, textured architectural coated concrete
panels, tinted or textured masonry block, or stucco or stucco-like
synthetic materials. Smooth-faced concrete block, tilt-up concrete
panels, or prefabricated steel panels are prohibited except as accent
materials.
. At least two changes in one or a combination of the following
shall be incorporated into the building design: color, texture and
materials.
. The east and west building elevations shall contain architectural
elements and windows similar to the front fal;ade.
. All ground level and roof top mechanical equipment shall be screened
DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY/LINDERREZONE PAGE 4 OF 11
from view.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default ofthe Owner/Developer or Owners' /Developers' heirs, successors, assigns, to
comply with Section 5 entitled "Conditions Governing Development of Subject Property" of
this agreement within two years of the date this Agreement is effective, and after the City has
complied with the notice and hearing procedures as outlined in Idaho Code ~ 67-6509, or any
subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Owner/Developer consent upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fail to
cure such failure within six (6) months of such notice.
8. INSPECTION: Owner/Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances of the City that apply to said Development.
9.
DEFAULT:
9.1 In the event Owner/Developer, or Owner/Developers' heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Property, this Agreement may be modified or
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY/LINDER REZONE
PAGE 5 OF 11
9.2 A waiver by City of any default by Owner/Developer of anyone or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to
the third reading ofthe Meridian Zoning Ordinance in connection with the re-zoning ofthe
Property by the City Council. If for any reason after such recordation, the City Council fails
to adopt the ordinance in connection with the annexation and zoning of the Property
contemplated hereby, the City shall execute and record an appropriate instrument of release
of this Agreement.
11. ZONING: City shall, following recordation ofthe duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Owner/Developer shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes
which are beyond the reasonable control ofthe party responsible for
such performance, which shall include, without limitation, acts of
DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY/LINDER REZONE
PAGE 6 OF 11
civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code ~ 11-5-C, to insure that installation of the improvements, which
the Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Developer/Owner has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: ThatOwner/Developeragreesto
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings ofF act and Conclusions of Law, this Development Agreement, and
the Ordinances ofthe City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Darren Blaser
6732 W. State Street
Garden City, ID 83714
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY/LINDER REZONE
PAGE 7 OF 11
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY/LINDER REZONE PAGE 8 OF 11
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the uses and! or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing( s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
DEVELOPMENT AGREEMENT (RZ 06-0 12) CHERRY/LINDER REZONE
PAGE 9 OF 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERlDEVELOPER
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Darren Blaser
CITY OF MERIDIAN
By:~~L
MAYOR T de WEERD
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DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY/LINDER REZONE
PAGE 10 OF 11
STATE OF IDAHO, )
: ss
County of Ada, )
On this ;JS day of -It , 2007, before me, the
undersigned, aN otary Public in and for said State, ersonally appeared DARREN BLASER,
known or identified to me to be the person who signed the above and acknowledged to me
that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL)
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STATE OF IDAHO )
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County of Ada )
On this 1511\ day of Hlh,J ,2007, before me, aNotary
Public, personally appeared Tammy de W~erg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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 seal the dav and year in this certificate first above written.
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DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY/LINDER REZONE
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PAGE 11 OF 11
A. Legal Description
Colleen Marks, LoS. 7045 · 6405 Ustick Road · Boise, Idaho 83704
Phone: (208) 378.7703 . Fax: (208) 378-7759. Email: survey@markslandsurveying.com
REZONE DESCRIPTION
A parcel of land lying in the SW1/4 SW1/4 of Section 1, T.3N., R.1W., Boise Meridian, City of
Meridian, Ada County, Idaho, said parcel being more particularly described as follows:
Commencing at a point marking the SW Comer of said Section 1, T.3N., R.1W., Boise Meridian,
City of Meridian, Ada County, Idaho and the centerline intersection of North Linder Road and
West Cherry Lane, said point being the REAL POINT OF BEGINNING;
thence N.00027'20''W. 155.00 feet along the westerly boundary of said Section 1 and the said
centerline of North Linder Road to a point;
thence N.89042'08"E. 475.00 feet to a point;
thence S.00027'20''E. 155.00 feet toa point lying along the said southerly boundary of Section 1
and the said centerline of West Cheny Lane;
thence S.89042'08"W. 475.00 feet along the said southerly boundary of Section 1 and the said
centerline of West Cheny Lane to the point of beginning, containing 1.69 acres, more or less.
SUBJECT TO AND/OR TOGETHER WITH:
Any easements or rights of way of record or in use.
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BLASER PROPERTY DESCRIPTION.doc
Page 1 of 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of a request to rezone 1.69 acres from R-4 (Medium Low Density Residential)
to C-C (Community Business District), for a new retail building, by Daren Blaser.
Case No(s). Rz..06-012
For the City Council Hearing Date of: February 13, 2007(Findings on the February 27,
2007 City Council agenda)
A. Findings of Fact
I. Hearing Facts (see attached Staff Report for the hearing date of February 13, 2007
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 13,2007
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 13,2007 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 13, 2007 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
PlaIUling Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. ~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 ofthe City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
l1wSA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ.06.Q12
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and the Conditions of Approval in
the attached Staff Report for the hearing date of February 13, 2007 incorporated by
reference. The conditions are concluded to be 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 9 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of February 13,2007 incorporated by reference.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit 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, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval 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.
E. Attached: Staff Report for the hearing date of February 13, 2007
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06-012
By action of the City Council at its regular meeting held on the 21e day of
~VtiD'1J ,2007.
COUNCIL MEMBER DAVID ZAREMBA VOTED ~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED fi'b,ft-1-
COUNCIL MEMBER KEITH BIRD
VOTED~
---
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
SlSI:}-l
William G. Berg, Jr., Cit %. ~ .::~ .0 J
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Copy served upon Applicant, The Plant1i'fig fDepar.tme'ht, Public Works Department and City
Attorney.
By: ~hO\j\a\~l\;rli\
City Clerk
Dated:
Ol/Lb-\~n
CITY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06.012
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
STAFF REPORT
TO:
FROM:
Hearing Date; 2/13/2007
Mayor and City COWlcil
Justin Lucas, Associate City Planner
884.5533
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SUBJECT:
Cherry-Linder Rezone
. RZ-06-012
Rezone of 1.69 acres from R-4 (Medium Low Density Residential) to C-C
(Conununity Business District)
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Darren Blaser, has applied for a Rezone (RZ) of 1.69 acres from R-4 (Medium Low
Density Residential) to C-C (Community Business District). The Applicant intends to construct retail
uses on this site that are not allowed within the R-4 zone, thus the request for a rezone. The subject
property is located at the northeast comer of Cherry Lane and Linder Road in Section 1, Township 3
North, Range 1 West, B.M. The subject property is composed of three parcels currently referenced as
Assessor's Parcel Nwnbers 81201336250, 81201336270 and 81201336280. The site currently contains
three exiting homes and associated outbuildings that will be relocated/removed to accommodate the
proposed multi-tenant retail building. Ibis property is within the Urban Service Planning Area and the
corporate boundaries of the City of Meridian.
The applicant has submitted a conceptual site plan and elevations for this site. The applicant is proposing
to make site improvements (landscaping, street buffers, etc.) at the time of submittal for a Certificate of
Zoning Compliance (CZe). At that time, Planning Staff will require site improvements in accordance
with the Unified Development Code, including but not limited to, parking and landscaping.
2. SUMMARY RECOMMENDATION
Staff recommends approval of RZ-06-012, as presented in the staff report for the hearing date of
February 13, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the
Development Agreement provisions proposed in Section 10. The Meridian Plannin!! and Zonio!!
Commiuion heard this item 00 Januarv 4. 2007. At the public hearin!! thev moved to recommend
approval.
8. Summary of Commission Public Hearin!!:
i. In favor: BiU Cafarelli
ii. In opposition: NODe
ill. Commendnl!: None
iv. Staff presentine: application: Justin Lucas
v. Other staff commentin!! on application: None
b. Kev Issues of Discussion bv Commission:
i. None
c. Kev Commission Changes to Staff Recommendatioo:
i. None
d. Outstandin2 {sluels) for City Council:
i.~
The Meridian City Council heard these items on Februarv 13. 2007. At the nubile bearinp' thev
8nnroved the 8ubiect Rezone reouest.
Cherry-Linder Rezone - RZ-06-012
PAGE 1
CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007
.!!! Summarv of City Council Public Hearinp.":
i. In favor: Duane Blsser
ii. In oDQosition: None
iii. Commentin~: Greg Shute
iv. Written testimonv: None
v. Staff Dreseotin~ abbJication: C. Caleb Hood
vi. Other staff commendn". on aDDlication: Ron Anderson
~ Key hlues of Discussion by Council:
i. Layout and design B!l shown 00 the conceDtllal Dlan
11. Irri~ation ditch that rUOlI alon~ the north DrODertv Jine
w. RelatioDllhin to the church Dronertv to the north and e.a~t
~ Kev Council Changes to Commission Recommendation:
i. Did not aDDrove the concent Dlan that was submitted
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ-
06-012 as presented in the staff report for the hearing date of February 13, 2007, with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number RZ-06-
012 as presented during the hearing on February 13, 2007, for the following reasons: (State
specific reasons for denial of the annexation request.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number RZ-
06-012 to the hearing date of (insert continued hearing date here) for the following reason(s):
(State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1440, 1516, and 1528 West Cherry Lane
Section 1, T3N, RIW
b, Owner / Applicant:
Darren Blaser
6732 W State Street
Garden City, ID 83714
c. Representative: Bill Cafarelli
d. Present Zoning: R-4
e. Present Comprehensive PIan Designation: Commercial
f. Applicant's Statement/Justification:
Darren and Kim. Blaser are requesting a change of zoning for 1516, 1528 and 1440 W. Cherry
Lane. Weare requesting to change from residential to commercial in order to build a ftrst class
Cheny-Linder Rezone - RZ-06-0] 2
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
building to acconunodate our expanding business.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By
reason of the provisions of UDC 11-5A-2D, a public hearing is required before the City
Council on this matter.
b. Newspaper notifications published on: December 18th, 2006 and January 1 S\ 2007 (Planning
Commission); Janua", 22"d, 2007 and February 5th. 2007 (City Council)
c. Radius notices mailed to properties within 300 feet on: December 8th, 2006 (Planning
Commission); January 19tti. 2007 (Citv Council)
d. Ap;1icant posted notice on site by: December 26th, 2006 (planning Commission); February
3< ,2007 (City Council)
6. LAND USE
a. Existing Land Use(s): Single family residential
b. Description of Character of Surrounding Area: Corrunercial and Office Uses
c. Adjacent Land Use and Zoning
1. North: Christ Lutheran Church, zoned L-O
2. East: Christ Lutheran Church, zoned L-O
3. South: Cherry Lane and Conunercial Development, zoned C-N
4. West: Linder Road and Cherry Crossing Conunercial Development, zoned C-N
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: There is currently sewer in both Cherry and Linder.
Location of water: There is currently water in both Cherry and Linder.
Issues or concerns: This property is currently serviceable and capacity exists for this
site.
2. Vegetation: There are various existing trees on the site that may need to be protected
or mitigated for.
3. Floodplain: N/ A
4. Canals/Ditches Irrigation: N/A
S. Hazards: N/A
6. Proposed Zoning: C.C
7. Size of Property: 1.69 acres
f. Swnmary of Proposed Streets and/or Access:
As shown on the concept pIan, the applicant is propo$ing to have one direct access to Cherry
Lane; no access to Linder Road is proposed. Any existing access points to Cherry Lane or
Linder Road should be abandoned with the first Certificate of Zoning Compliance application
on this property. A maximum of one public street access should be allowed into this property
Cherry- Linder Rezone - RZ-06-0 12
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
(as allowed/approved by AClID).
7. COMMENTS MEETING
On December 15, 2006, Planning Staffheld 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. 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 subject property is designated on the Comprehensive PIan Future Land Use Map as "Commercial."
The Comprehensive Plan defines the Commercial district as: "Tbis designation will provide a full range
of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service
and office uses, multi-family residential, as well as appropriate public uses such as government offices.
Within this land use category, specific zones may be created to focus commercial activities unique to their
locations. These zones may include neighborhood commercial uses focusing on specialized service for
residential areas adjacent to that zone." The applicant is requesting to rezone this property to C-C, which
is consistent with the comprehensive plan designation for this area.
Staff finds the following Comprehensive PIan policies to be applicable to this property and apply to the
proposed development (staff analysis below policy in italics):
· Chapter VII, Goal I, Objective B, Action 5 - "Locate new community commercial areas on
arterials or collectors near residential areas in such a way as to complement with adjoining
residential areas."
The subject property has frontage on both Linder Road and Cherry Lane, which are both arterial
roadways. This proposed commercial development will complement adjacent commercial uses and
be located in an area that is accessible by residential development in the near vicinity.
· Chapter VII, Goal N, Objective D, Action 5 - "Require appropriate landscape and buffers
along transportation corridors..."
At the time of submittal for a Certificate of Zoning Compliance, Staff will require the applicant to
provide landscaping per the UDC standards including, but not limited to, the required landscape
buffers along Linder Road and Cherry Lane and landscaping within the parking area.
· Chapter VII, Goal N, Objective D, Action 2 - "Restrict curb cuts and access points on
collectors and arterial streets."
As proposed in the applicant's concept plan and restricted by ACHD, only one access point will be
allowed into this property. This one access point will serve the entire development. The three
existing access points that serve the homes on this site will be consolidated into one. Staff is
supportive of this access consolidation.
9. ZONING ORDINANCE
a. A110wed Uses in Commercial Districts: UDC Table 11-2B-2 lists the pennitted, accessory, and
conditional uses in the C-C zoning district. Retail stores, offices uses, and service-based industries
are either principally or conditionally permitted uses within the C-C zone.
b. Purpose Statement of Zone: The purpose of the Conunercial Districts is to provide for the retail
Cherry-Linder Rezone - RZ.06-012
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
and service needs of the community in accord with the Meridian Comprehensive Plan. Four
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.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
REZONING ANALYSIS:
The applicant's request to rezone the property to C-C is genera11y compatible with the surrounding
land uses, as there are extensive conunercial developments at the intersection of Linder Road and
Cherry Lane. The other three comers of this intersection are zoned C-N (Neighborhood Business
District). StafI considered reconunending that this corner be zoned C-N also, but after careful
review three main reasons were identified as to why staff would support C-C on this site. First,
unlike the other three corners, this proposed development is not directly adjacent to residential uses
(L-O to the north and east), which is one of the factors that leads to C-N zoning. Second, there is a
significant awount of property zoned C-C to the south east of this property. In other words the C.C
zoning designation is not foreign to this area. Third, the proposed development has access to an
arterial street, which is one of the 10cation requirements of the C.C zone, as listed in UDC 11-2B.l.
Based on the compliance of the proposed development with the Unified Development Code and the
general conformance with the policies and goals contained in the Comprehensive PIan, staff
believes that rezoning the subject property from R-4 to C-C is justifiable. Please see Exhibit D for
detailed analysis of the required facts and findings for rezoning.
The legal description for rezoning submitted with the application (prepared on October 6, 2006, by
Colleen Marks, PLS) shows the property within the existing corporate boundary of the City of
Meridian.
1. Concept Plan: The applicant has submitted a concept plan for this site. Staff is generally
supportive of the concept plan submitted with the rezone application with the following
conunents:
. Access: There is one proposed access point into this site from Cherry Lane, shown on
the concept plan. Staff is supportive of the proposed single access point. No other public
street access should be pennitted with this development. The specific location of the
proposed access should be approved by the Ada County Highway District.
. Landscaping: As required by UDe 11-2B-3 the applicant should construct, a minimum,
a 25.foot wide landscape buffer along Cherry Lane and Linder Road. The landscape
buffer should be placed on the subject property exclusive of any right.of-way that may be
required by the Ada county Highway District (ACHD). A11 parking 10t landscaping
should comply with UDC 11-3B-8.
· Cross Access: The concept pIan submitted by the applicant shows two cross access points
that could be provided to the COOst Lutheran Church parcel, which borders this property
to the north and east. Staff is supportive of these two cross access points and recommends
that the applicant submit a copy of a recorded cross access agreement that grants cross
access to parcel number S1201336305 (Christ Lutheran Church) to the north and east.
lbis agreement should be submitted with the Certificate of Zoning Compliance
application for the proposed building.
Cherry- Linder Rezone ~ RZ.06-0 12
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007
· Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance
(CZC) pennit is to ensure that all construction, alterations and/or the establislunent of a
new use complies with all of the provisions of the UDC before any work on the structure
is started and/or the use is established (UDC 11-5B.IA). To ensure that all of the
provisions in the development agreement (see below) are complied with, Staff will
require the applicant to obtain CZC approval from the Planning Department prior to
building construction, where all site and landscaping improvements must be installed
prior to occupancy.
2. A Development Agreement (DA) will be required as part of rezoning of this property. Prior to
rezoning approval, a DA shall be entered into between the City of Meridian, the property
owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant shall
contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall include,
at minimum, the following:
· 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.
· All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
· The applicant shall be responsible for all costs associated with sewer and water service
installation.
· The following shall be the allowed uses on this property: Pennitted and accessory uses
within the C-C zone. All conditionally pennitted uses in said zone shall be subject to
CUP approval.
· The applicant shall be responsible to obtain a Certificate of Zoning Compliance (Czq
pennit from the Planning Department prior to construction on the subject site.
· The applicant shall be allowed to construct only one driveway access to Cherry Lane, at a
location to be approved by the Ada COWlty Highway District (ACHD). No other public
street access to Cherry Lane or Linder Road will be pennitted to this site.
· The applicant shall construct, at minimum. a 25-foot wide landscape buffer along Cherry
Lane and Linder Road. The landscape buffers shall be placed on the subj ect property
exclusive of any right.of.way that may be required by the Ada COWlty Highway District
(ACHD).
· The applicant shall submit a recorded copy of a cross access agreement that grants two
cross access driveways (one to the north and one the east) to parcel number
S1201336305. A copy of the recorded cross access agreement shall be submitted with
the Certificate of Zoning Compliance (CZC) application for this property.
. The applicant shall complete all required improvements prior to obtaining a Certificate of
Occupancy for the proposed development.
· Any future building on this site shall be generally consistent with the elevations
submitted by the applicant, drawn by Thomas R. Ensley & Associates, dated 10/11/2006,
with the following additions:
1. All exterior building walls shall demonstrate the appearance of high-quality materials
of stone, brick, wood or other native materials. Acceptable materials include, textured
architectural coated concrete panels, tinted or textured masonry block, or stucco or
stucco-like synthetic materials. Smooth.faced concrete block, tilt.up concrete
panels~ or prefabricated steel panels are probibited except as accent materials.
2. At least two changes in one or a combination of the following shall be
incorporated into the building design: color, texture and materials.
Cherry- Linder Rezone - RZ-06-0 12
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007
3. The east and west building elevations shall contain architectural elements and
windows similar to the front fayade.
4. All ground level and rooftop mechanical equipment shall be screened from view.
b. Staff Recommendation; Staffreconunends approval ofthe proposed rezone (RZ-06-012), subject
to the Development Agreement provisions listed above. Tbe Meridian PlanDin!!: and Zonin!!
Commission beard this item on Januarv 4.2007. At the public hearin2 thev moved to
recommend aooroval. The Meridian Citv Council heard these items on Februarv 13. 2007. At
the nubHc hearinl! thev annroved the subiect Rezone reouest.
11. EXHIBITS
A. Drawings
1. Vicinity / Current Zoning Map
2. Conceptual Site Plan
3. Conceptual Building Elevations
B. Agency Comments
1. Planning Department
2. Fire Department
3. Police Department
4. Parks Department
5. Ada County Highway District
C. Legal Description
D. Required Findings from Unified Development COde
Cherry-Linder Rezone - RZ-06.0 12
PAGE 7
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CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
A. Drawings
1. Vicinity / Current Zoning Map
Exhibit A
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR lHE HEARING DATE OF FEBRUARY 13, 2007
2. Conceptual Site Plan
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3. Conceptual Building Elevations and Floor Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
B. Agency Comments
1. PLANNING DEPARTMENT
1.1 The rezoning legal description submitted with the application (stamped on October 6, 2006, by
Colleen Marks, PLS) shows the property as contiguous to the existing corporate boundary of the
City of Meridian.
1.2 See section 10 above for analysis and comments.
2. FIRE DEPARTMENT
2.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
2.2 Final Approval of the frre 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 comers when spacing pennits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFe Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
2.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than ISO' in length with no outlet.
2.4 A11 entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
2.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 Ibs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
2.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
2.7 Maintain a separation of 5' from the building to the dumpster enclosure.
2.8 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.
2.9 Provide exterior egress lighting as required by the International Building & Fire Codes.
2.10 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 fue 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).
Exhibit B
CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007
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).
2.11 There shall be a fire hydrant within 100' of all fire department comections.
3. POLlCE DEPARTMENT
3.1 The Police Department has no concerns related to the site design submitted with the application.
4. PARKS DEPARTMENT
4.1 The Parks Department has no concerns with the site design as submitted with the application.
5. ADA COUNTY HIGHWAY DISTRICT
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).
5.1 Dedicate right-of-way from the centerline of Cherry lane to total 60-feet from centerline. The
right-of-way dedication at the intersection may include additional 5pace for signalization
equipment and/or additional turn. lanes. The District will purchase the additional right-of-way to
be dedicated from the applicant from available funds. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to scheduling the final
plat for signature by the ACHD Commission or prior to issuance of a building pennit (or other
required pennits), whichever occurs first.
5.2 Locate a full access curb-return type driveway in alignment with the driveway located to the
south of the subject site, approximately 385-feet east of Linder Road (measured near edge to near
edge). In the future, the District may restrict this driveway to right-in/out only.
5.3 Dedicate right-of.way from the centerline of Linder Road to total60-feet. The right-of-way
dedication at the intersection may include additional space for signalization equipment and/or
additional turn lanes. The District will purchase the additional right-of-way to be dedicated from
the applicant from available funds. The right-of-way purchase and sale agreement and deed must
be completed and signed by the applicant prior to scheduling the final plat for signature by the
ACHD Commission or prior to issuance of a building pennit (or other required permits),
whichever occurs first.
5.4 Construct a 5-foot wide detached concrete sidewalk not closer than 53-feet from the centerline of
Linder Road (measured centerline to face ofwalk). Comect this new sidewalk to the existing
sidewalk on Linder Road.
5.5 Close all access points to Cherry Lane and Linder Road except the access specifically approved
with this application: direct 10t access to Cherry Lane and Linder Road is prohibited.
5_6 Comply with Standard Conditions of Approval
Exhibit B
CITY OF MERIDIAN PLANNING DEPAR1MENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13,2007
c. Legal Description
Colleen Marks. L.S. 7045 · 6405 Ustick Road. Boise, Idaho 83704
Phone: (208) 378-7703 . FlU(: (20B) 378.7759. Emall: survey@markslandsurveying.com
REZONE DESCRIPTION
A parcel of land lying in the SW1/4 SW1/4 of Section 1, T.3N.. R.1W.. Boise Meridian, City of
Meridian, Ada County, Idaho, said parcel being more perticularly described as follows:
Commencing at a point marking the SW Comer of said Seetlon 1. T.3N.. R.1W_. Boise Meridian.
City of Merldlan, Ada County, Idaho and the centerline Intersection of North Linder Road and
West Cherry Lane, said point being the REAL POINT OF BEGINNING;
thence N.00"Z7'20'W. 155.00 feet along the westerly boundary of said Section 1 and the said
centerline of North Linder Road to a point;
thence N.S9"42'OS"E. 475.00 feet to a polnt;
thence S.OO"27'20"E. 155.00 feet to a point lying along the said southerly boundary of Section 1
and the said centerline of West Cherry Lane;
thence S.6S"42'08W. 475.00 feet elong the said southerly boundary of Section 1 and the said
centerline of West Cherry Lane to the point of beginning, containing 1.69 acres. more or h;!ss.
SUBJECT TO AND/OR TOGETHER WITH:
Any easements or rights of way of record or in use.
v.
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CITY OF MERIDIAN PLANNING DEP AR1MENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007
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D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from tbe Commission, tbe Council sball make a full investigation and
sball, at tbe public bearing, review tbe application. In order to grant an annexation and/or
rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive Plan;
The applicant is proposing to zone the subject property to C-C. The City Council finds that the
proposed zoning map amendment is genera1ly compatible with the applicable provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff
Report.
b. Tbe map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council fmds that commercial are pennitted within the requested zoning district of C-C.
City Council believes that the existing parcels in the area have already developed in a nature that is
harmonious and appropriate to the proposed zone. The City Council also finds that the proposed
zoning and future uses on this site can be designed and constructed in a manner that will be
harmonious with, and appropriate in appearance with, the existing and intended character of the
surrounding area, if the applicant enters into a development agreement with the City. Staff
recommends that the Commission and Council rely on staff's analysis, public testimony received
and any comments submitted from any other agencies or departments regarding whether this
property should be rezoned as proposed.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council fmds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. The City Council does not anticipate the proposed rezone and subsequent
uses will create excessive traffic, noise, smoke, fumes, glare, or odors. Staff reconunends that the
Commission and Council rely on any oral or written testimony that may be provided when
determining this finding.
d. The map amendment sball Dot result in an adverse impact upon the delivery of services hy
any political subdivision providing public services within the City including, but not limited
to, school districts; and,
The City Council fmds 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 D