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REV Staff ReportItem #4.E, F, G: Raisin' Angels (RZ-10-002; CUP-10-010; PFP-10-003) Location, size of property and existing zoning: The overall site consists of 0.96 of an acre and is zoned I-L. The site is located on the south side of E. Pine, '/4 mile west of Locust Grove at 1125 E. Pine Avenue. Adjacent Land Use and Zoning: The surrounding area to the west, south, and east consists of industrial property, zoned I-L, and residential properties across Pine to the north, zoned R-4. Applications: - Rezone of 0.43 of an acre from I-L (Light Industrial) to C-N (Neighborhood Business). - Conditional use permit fora 2,187 square foot daycare center for up to 60 children in a proposed C-N zoning district. - Combined preliminary/final plat consisting of 2 building lots on 0.96 of an acre. Access: Access for the site exists via one shared driveway to/from E. Pine. Comprehensive Plan Designation: Mixed Use -Community Compliance with Comprehensive Plan: No. Although this property is designated MU-C and daycares are listed as a potential use within this designation, because of the surrounding industrial uses, zoning, & general industrial character of this area, Staff finds the proposed daycare center is not an appropriate use for this property, nor would it be compatible with existing abutting industrial uses. Additionally, mixed use designated properties shall include a principal use (retail, office, professional or residential) and at least one other type of land use and be directly accessible to neighborhoods within the section by both vehicles and pedestrians. This property consists of industrial and proposed daycare uses; industrial uses are not listed as a sample use in MU areas. See Analysis in Section IX of the staff report for more info. Compliance with UDC: The preliminary plat is in compliance w/UDC standards. However, staff is of the opinion the RZ & CUP are not harmonious with adjacent industrial uses. not consistent with the UDC due to inconsistencies with UDC Findings for rezones in that the rezone would create a spot zone; inconsistencies with the applicable portions of the Comprehensive Plan (a UDC finding for both rezones and conditional uses); detriment to health, safety and welfare by mixing daycare with industrial uses; negative impact on adjacent property by possible parking and loading congestion( conditional use finding). Elevations: Existing structure History of Previous Actions: • A Certificate of Zoning Compliance for a used car lot and sales office on this site was approved as a temporary use from April 1, 2006 to April 1, 2007. • A Certificate of Zoning Compliance was approved on May 16, 2007 for a new 9,600 square foot shell building with an existing accessory office building. The existing building where the daycare is proposed was approved as an office for one of the uses within the new industrial building Outstanding Issue(s) for Commission: Is a daycare facility for up to 60 children a compatible use in an industrial area? Is creating a spot zone to accommodate a specific use appropriate? Written Testimony: Letter from Walt Lindgren in response to Staff report. Staff Recommendation: Denial (If Commission decides to recommend approval of this application, the project will need to be continued to another meeting in order to give staff time to prepare conditions of approval. Additionally, if Commission is in favor of the day care use but supportive of the rezone application, staff recommends a C-C district with a Development Agreement that restricts the building to specific uses rather than a C-N district as it would provide more of a transition in zoning to the adjacent I-L zoned properties. STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: September 16, 2010 Planning & Zoning Commission Sonya Watters, Associate City Planner 208-884-5533 ~~ERIDIAN;-- RZ-10-002; CUP-10-010; PFP-10-003 -Raisin' Angels I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST CITY OF CITYCLER~ FFICE The applicant, Capital Hill Holdings, LLC, has applied to rezone (RZ) a 0.43 acre portion of this site from the I-L (Light Industrial) to the C-N (Neighborhood Business) zoning district. A conditional use permit (CUP) is requested fora 2,187 square foot daycare center for up to 60 children in a proposed C-N zoning district. Lastly, a combined preliminary and final plat (PFP) consisting of 2 building lots on 0.96 of an acre is proposed. II. SUMMARY RECOMMENDATION Staff recommends denial of the proposed RZ and CUP, and approval of the proposed PFP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. III. PROPOSED MOTION Partial Denial/Partial Approval After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-10-002 and CUP-10-010, and approve File Number PFP-10-003 as presented in the staff report for the hearing date of September 16, 2010, with the following modifications: (Add any proposed modifications.) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-10-002, CUP-10-010, and PFP-10-003 as presented during the hearing on September 16, 2010, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-10-002, CUP- 10-010, and PFP-10-003 as presented during the hearing on September 16, 2010, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers RZ-10-002, CUP-10-010, and PFP-10-003 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: 1125 E. Pine Avenue (Parcel No. S 1107417301) Located in the northeast '/ of Section 7, Township 3 North, Range 1 East IDAHO R~`cF rVF SEP ~ 51010 PAGE 1 B. Owner(s): Capital Hill Holdings, LLC 12400 W. Overland Road Boise, ID 83709 C. Applicant: Same as owner D. Representative: Walter Lindgren, Johnson Architects 440 E. Corporate Drive, Ste. 102 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone. 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. The subject application is for a conditional use permit. 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. C. The subject application is for a combined preliminary and final plat. 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. D. Newspaper notifications published on: August 30, and September 13, 2010 E. Radius notices mailed to properties within 300 feet on: August 19, 2010 F. Applicant posted notice on site by: September 5, 2010 VI. LAND USE A. Existing Land Use(s): There is currently a mix of industrial uses on this site. The existing structure where the daycare is proposed is currently vacant but was previously approved as an accessory office to one of the adjacent industrial businesses. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by residential property (across Pine), zoned R-4; and industrial uses (to the west, east, & south), zoned I-L. PAGE 2 C. History of Previous Actions: • A Certificate of Zoning Compliance (CZC-06-044) for a used car lot and sales office on this site was approved as a temporary use from April 1, 2006 to April 1, 2007. • A Certificate of Zoning Compliance (CZC-07-100) was approved on May 16, 2007 for a new 9,600 square foot shell building with an existing accessory office building. The existing building was approved as an office for one of the uses within the new building. D. Utilities: 1. Public Works: a. Location of sewer: Currently served from E Pine Ave. b. Location of water: Currently served from E Pine Ave. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A small portion of this site along the west boundary lies within flood zone AE but is not within the floodway. F. Access: Access for this site is depicted on the site plan via a driveway to/from E. Pine Avenue. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Mixed Use -Community (MU-C)" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 103), the following standards apply to MU-C areas: Up to 25 acres ofnon-residential uses permitted within the MU-C areas as shown on the future land use map (over 25 acres of non-residential uses shall be permitted through the CUP process); up to 200,000 square feet of non-residential building area; residential densities of 3 to 15 dwelling units per acre. Sample uses include: grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, salons, daycare, professional offices, medicaUdental clinics, retaiUgift shops, schools, parks, churches, clubhouses, public uses, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, and department stores. Per the Comprehensive Plan (pg. 103), a mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use (may include community facilities such as a school, public park, civic building or public safety facility). Exceptions maybe granted for smaller sites on a case-by-case basis. All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. Industrial uses are not identified as desirable uses in mixed use developments and because the project is not directly accessible to neighborhoods as required, staff finds the proposed & existing uses are not consistent with the MU-C designation for this property. Further, the land use designation was originally adopted without the knowledge of how the site was to develop. Subsequent industrial development and zoning occurred although contrary to the mixed use designation. Since the surrounding uses are developed with industrial uses and zoning it seems that many of the uses contemplated in the mixed use designation, including daycares are no longer appropriate. In summary, although this property is designated MU-C and daycares are listed as a potential use within this designation, because of the surrounding industrial uses, zoning, & general industrial character of this area, Staff finds the proposed daycare center is not an appropriate use for this property, nor would it be compatible with existing abutting uses. See Analysis in Section IX below for more information. PAGE 3 Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property in the following manner: • Sanitary sewer and water service is provided to the property. • The lands are serviced by the Meridian Fire Department (MFD). • The lands are serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will continue to be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV (page 112) -Encourage compatible uses to minimize conflicts and maximize use of land. Daycare centers and industrial uses are both intense land uses. Daycare centers generate noise, peak parking demands, and automobile traffic. Industrial uses generate noise, odor, truck traffic-especially during loading and unloading periods. Although both are intense uses, Staff is of the opinion the proposed daycare center is not compatible with abutting industrial uses for the following reasons: 1) the existing driveway access to this site serves both the multi-tenant industrial building & the proposed daycare; 2) the loading area for the industrial building is on the west side of the building where the main drive aisle is located; 3) the adjoining parking lotto the south of the proposed daycare serves the industrial building; 4) the existing industrial uses may cause harm to children due to noise, odor, fumes, conflicts in maneuvering trucks with automobiles; S) conflicts with children and trucks in the parking areas. • Chapter VII, Goal N, Objective D, Action 2 (page 114) -Restrict curb cuts and access points on collectors and arterial streets. One access to the site is provided via E. Pine Avenue, a minor arterial street; no other access to the site is proposed or approved with this application. • Chapter VII, Goal IV, Objective D, Action 5 (page 114) -Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). A 25 foot wide landscape buffer exists along E. Pine Avenue, an arterial street, as required by UDC Table I1-2B-3. • Chapter VII, Goal IV, Objective A, Action 2 (page 112) -Encourage industrial development to locate adjacent to existing industrial uses. PAGE 4 Staff is of the opinion an industrial use would be more appropriate and compatible with existing abutting industrial uses than the proposed daycare center because of the very different functional nature of industrial uses as stated above. Note: A text amendment to the Comprehensive Plan is currently in process and is scheduled to be heard by City Council on September 28`x'. The amendment incorporates changes to the definitions of the mixed use designations in the Plan including the MU-C designation. Staff has reviewed the proposed changes and determined they do not substantially alter the Plan's applicability to this project. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) 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. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-21ists the permitted, accessory, conditional, and prohibited uses in the C-N zoning district. The proposed daycare center is listed as a conditional use in the proposed C-N zoning district and is subject to the specific use standards listed in UDC 11-4-3-9 for daycare facilities. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-N zoning district apply to this site. D. Landscaping Standards (UDC 11-3B): 1. Width of street buffer(s): 25 feet along E. Pine Avenue, an arterial street 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: NA 4. Tree Preservation: NA E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 500 square feet of gross floor area in commercial districts for non-residential uses. The total square footage of the building is 2,187. Based on this amount, a total of 4 parking stalls are required. A total of 8 parking stalls are provided on the site. There are additional parking stalls on the overall site proposed to be platted that may be available for use by the proposed daycare through a cross parking agreement. UDC 11-3C-6G requires one bicycle parking space be provided for every 25 proposed vehicle parking spaces or portion thereof. Based on 8 parking stalls, a minimum of 1 bicycle parking space is required for the proposed daycare in accord with the standards listed in UDC 11-3C-SC. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE: The applicant proposes to rezone 0.42 of an acre of this 0.83 of an acre site from I-L (Light Industrial) to C-N (Neighborhood Business); the remainder of the site is proposed to remain I-L. The purpose of the rezone is so that a daycare center can operate in the building previously approved as an accessory office to the adjacent industrial building. Daycare centers are prohibited in the I-L district and warehouse/industrial uses are prohibited in the C-N district. For this reason, the applicant proposes to subdivide the property so that each structure is located on its own lot and each lot is zoned appropriately for the current and proposed use of the property. PAGE 5 As discussed above, the Comprehensive Plan future land use map designation for this site is MU-C which is consistent with the requested C-N zoning district. However, because this site is surrounded by industrial zoning and uses staff is of the opinion that rezoning a small area for the purpose of a daycare would not be a compatible with existing uses, zoning, or the character of this area. Further, rezoning this small area surrounded by industrial zoned land would be "spot zoning" which is not consistent with the objectives of the comprehensive plan. Staff is of the opinion rezoning a small portion of land for the purpose of accommodating a particular use that is not compatible with adjacent uses is not a good practice and not in the best interest of the city as it is not consistent with the Comprehensive Plan. Therefore, staff is recommending denial of the proposed rezone application. If Council determines it is in the best interest of the City to rezone this property, staff is of the opinion the C-C district would be more appropriate than the C-N district because the higher intense nature of the C-C district would provide more of a transition in zoning to the adjacent I-L zoned. CONDITIONAL USE PERMIT: The request is for conditional use permit approval of a 2,187 square foot daycare center for up to 60 children in a proposed C-N zoning district, as required by UDC Table 11-2B- 2. The daycare proposes to care for up to 36 children 0-5 years old and up to 18 children over the age of 5 per day. The applicant has submitted a concept plan and floor plan showing how the site is proposed to re- develop as a daycare. The existing structure and site is not proposed to be altered except for the addition of a fenced area on the west side of the building for an outdoor play area. Specific Use Standards: There are specific use standards listed in UDC 11-4-3-9 that apply to daycare facilities that the applicant shall comply with if Council approves the subject CUP. Outdoor Play Area: The applicant is proposing an outdoor play area on the west side of the building as shown on the site plan. This area is proposed to be fenced by a 6-foot tall security fence. Staff has visited the site and a large portion of the outdoor play area significantly slopes to the west property boundary as the topography of this site is higher than the adjacent property. This is the only area on site that is available for an outdoor play area. The Department of Health and Welfare (DHW) used to have standards for outdoor play areas but have since revised their policies and no longer do. The UDC does not have standards because the DHW previously oversaw this area. Because this application is a CUP, staff has the authority to require additional items as deemed necessary. Staff is of the opinion additional play area is necessary for the number of children (60) proposed to be cared for in the 2,187 square foot facility. Because play area at this site is limited in area due to the size of the existing building and slope of the proposed outdoor play area, staff is of the opinion this site is not large enough for the proposed daycare center. Access: One driveway access is proposed via E. Pine Avenue to serve both the proposed daycare and the industrial building. There are no other cross-access easements or stub streets/driveways provided to this property. (There is a recorded reservation of access easement consisting of a 20 foot wide non-exclusive ingress/egress access easement for the benefit of the Ada County property to the west of the site that shall only become effective when and if Ada County grants or reserves for the benefit of the Capital Hill property the same easement.) Landscaping: A 25-foot wide landscape street buffer, measured from the back of curb, is required to be provided along E. Pine Avenue per UDC Table 11-2B-3 in accord with the standards listed in UDC 11- 3B-7C. There are no residences that abut this site so a buffer to adjoining uses is not required. Parking lot landscaping is required in accord with the standards listed in UDC 11-3B-8C. Staff has reviewed the proposed landscape plan and has determined it complies with current UDC landscape requirements. PAGE 6 Fencing: The site plan depicts 6-foot tall security fencing around the play area and a 3-foot tall wrought iron fence along the front of the property. In accord with UDC 11-4-3-9B.1, all outdoor play areas are required to be completely enclosed by minimum 6-foot tall non-scalable fencing to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with Title 10 of Meridian City Code. If Council approves the CUP, fencing details for the play area shall be submitted with the CZC application. Hours of Operation: The proposed operating hours of the daycare center are from 6 am to 11 pm. However, UDC 11-2B-3A.4 restricts business hours of operation in the C-N district to 6 am to 10 pm. If the proposed use is approved, the hours of operation shall be restricted accordingly. If Council approves the proposed RZ with a C-C district and the CUP for the proposed daycare, UDC 11-4-3-9A. S allows business hours of operation between 6 am and 11 pm for daycare facilities. Note: If Council approves the RZ with a C-C district, a CUP is still required for a daycare center. PRELIMINARY/FINAL PLAT: The proposed preliminary/final plat consists of 2 building lots on 0.96 of an acre. The plat will subdivide one parcel into two parcels on which each of the existing structures will be located. Dimensional Standards: Each of the proposed lots meet the dimensional standards for the existing and proposed/recommended zoning district and the existing structures also meet setbacks for the district in which they're located or proposed/recommended to be located. Cross-Access/Cross-Parking: There is a 20-foot wide cross-access easement depicted on the face of the plat from Pine Avenue to the west property boundary. Staff recommends a note be added to the face of the plat allowing for cross-access/cross-parking between the two proposed lots. Staff recommends approval of the proposed PFP application with the conditions listed in Exhibit B of the staff report. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Site Plan (dated: August 3, 2010) & Floor Plan 3. Building Elevations of the Proposed Daycare Center (Photos) 4. Preliminary Plat (dated: July, 2010) 5. Final Plat (stamped & signed by Thomas Judge, PLS on August 4, 2010) 6. Landscape Plan (date: June 11, 2007) 7. Site Plan Showing Loading & Unloading Zones for the Proposed Daycare Approved by the Police Department B. Agency Comments/Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company PAGE 7 6. Ada County Highway District Parks Department C. Legal Description and Exhibit Map for Proposed Rezone D. Required Findings from Unified Development Code PAGE 8 Exhibit A.1: Vicinity/Zoning Map PAGES Exhibit A.2: Conceptual Site Plan (dated: August 3, 2010) & Floor Plan ~,t~ ~~'` ~~~ 4 A rlle CnnceCl Flan ia- RAISING ANGELS SUBDIVISInN U3 AupuM 1U1G PROJECT INFORMATION Protect lacetb: krcnttx': la,l+p: Site A+ea iPgPrnx,l: BuIICI~q Hws tApGew.); SBtbBGke: ParklnN: ovµ. ,i ~x'a~ z ~ T~+o'~ ''~ OFFHGE INFAA-T'S TpILET Tt)ILET SITE CONCEPT PLAN M~sn .~, //~ PAGE 10 Exhibit A.3: Building Elevations of the Proposed Daycare Center (Photos) ~~~ Front ~~ (north k PAGE I 1 ~„.. ., .a• _ ,.. ~~~~ ~ Rear "~~, ~ ~~ (south ~~a _' ,, ~. PAGE 12 t j7}i '^~ re u r ~~,~ ~ " ~~ Side r ; ~" ~ ~ (west) ~, i ' ~ ,,. ~ ,~ ~ . ((~ } ~aI+,W6~ 1 ~~Ill;';',, ~~ 2. i~$~$r~ ~ Side r~ h ~ ~!~ r (east) ~" e~~~~ ~,Y~ ;, .y~ <~~~ m,,, Exhibit A.4: Preliminary Plat (dated: July, 2010) /~a ~ ~ ~ ~ ~ ~ ~ ------- --- --- -- --- _...- -J `~- . . _, .~ , .., .. w.~.. .__ - __ --- ~ .. ~. -~c -~--"^~" • ..~... } .._. . o-r .... . Zy ,. . _.. _.._. ,. ____ K .j .. ~y .:J ~d -.,. ~ ~ i _ . yi J .. _. ~. __-_.. __._._ ._~ ~ w. ~~ .~.~.~. Y H. ~.a~ ~-z 6 t ; ` ..., r _.,. ._ ,~ '' ~ .,~ a ~ ~ °'~ ~ "~~~ f m ~ ,~ ~ ~~~ ~' ." .~°'" C> A,,. m..e.,~.. ...> ~~ fJ wwrtx+rynww.~n~~vws woes A ~iw o .a.. M ®e airres•mrsa~ .~ .c.e W o- a ~--- ~.~.:e. ... PAGE 13 Exhibit A.S: Final Plat (stamped & signed by Thomas Judge, PLS on August 4, 2010) PLAT 9NONAN6 RAISINQ AN©ELS SUBDIVISION 4E4W A POE7TM7N OF THE pOFf/ME87 tw OF THE 710Ftt10nE87 iMOF THE 40tR1a111[t ik 9ECrti0N 7, wFANlNM 1 NORTN.. NANEil.1 EAIT, axs4 E4aOMM CIIYOF MEMUIIlAb1 COUNTY, IOiI1iM) 71010 i~W (1111 St111NEYl. 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Mg1Atf M Y6f 6 IIE Caw-IOa1011 Ala O®MOf CON/1111REAY/YaMlR011 BIMMYIR. ~ ~ wY awwlllNFlaMplawlal. / l~ FOX LAND 8lJRVEYS, MiC. t4/640tITH 41104lIONE t1REEY 4018E O 04106 ]Ob~Mi7047 - FAK 40-4/L7g1 004W 91/~W.TiJ-0404 PAGE 14 OCALE'. 1'V4 Exhibit A.6: Landscape Plan (dated: June 11, 2007) o ~ ~wn~ u1Ll GGMB1MIGiKN ~ GGNMl1W 6LG lMJ MMRe P4. 011R p1 Va4 W!#'1 '1BI lAptKW MI!['.lR.~ FQTbDIdN CAMP !]aB . lPMt.Od1q N'1U ARGh11Tp3T ~~~ ~NOR~ roa t< ra~rp+u.n. Al~rtsc*. LLG ,wvr'cm D!!bN oera~au. Hc. wsa 0'FN e~c* ~u MPDLlTPV. OYYP aN•s ypL]t na06ero isua c.LLdLRL. ~PAwp NMT GIVOL ~~ ~~~a.Arr~r.,,o...c •~• ~ Y7Yq !%/! 0 .r.- _,_ _ K-- .-__..__ ._... _ ......_ ._- ....... .._ .. ... _.-___._....~.._... ______-___,. ~_ -• ~ _ ,_ , .. ~ mss. :~ rv¢~ ~ ~.w~ ~ dL:l~ °~ '~ ~ - ¢s 1 ~ ' pawn A 4 ` ~`}, ~,{~` .p` ~ ~ F ft; i 11 Aa~il fNpyyM OGH! 0aP WaA-.. y_.. _.. 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L,~..aa...u..A.Tro~,,,aP.~.~. .,~,.»WaN.a<..a~„~.N,~~L.,plN ~.,..l.,,.•l~.,• L~D.I...~ ~~... >m wr. morroNUU+.~.wa LK Re L •Nrn' 1 fiB~ _ a muumNa ~wiw! ~ M Y ~ m 4 d!llNwly G\~lnDw aa MI.KI l an i~ rw l9fur +m +xuv rrt!'~.Nwre~l wA i nm ~ i ~ ' 1.1. 4~+~rtY'CNIIMr' f0aw ern w C at P wa a GII lYrtlYra iiy ~a ~~ ~~ PAGE 15 Exhibit A.7: Site Plan Showing Loading & Unloading Zones for the Proposed Daycare Approved by the Police Department L-~ L"~~'+f ,~~- PAGE 16 B. Agency Comments/Conditions of Approval 1. PLANNING DEPARTMENT Because Planning Staff is recommending denial of the proposed RZ and CUP applications, no conditions of approval are included for these applications. If Council approves the RZ and CUP, Planning Staff will need additional time to prepare conditions of approval for these applications. Staff has included the following condition of approval for the PFP application: 1.1 A note shall be added to the face of the plat allowing for cross-access/cross-parking between the two proposed lots. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no issues with this application. 3. FIRE DEPARTMENT 3.1 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.2 All daycares must pass an inspection using the criteria of the Idaho State Fire Marshal as set forth in Idaho Statute Title 39-1109. Prior to scheduling an inspection, the applicant must pay a fee of $20 for the cost of the inspection. 4. POLICE DEPARTMENT 4.1 Loading and unloading for the daycare center shall be from the parking area on the south side of the driveway as shown in Exhibit A.7; loading and unloading is prohibited from the driveway on the east side of the building and from the north side of the building. 5. SANITARY SERVICES 5.1 SSC has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 Site Specific Conditions of Approval 6.1.1 Dedicate 35-feet ofright-of--way from the centerline of E. Pine Avenue abutting the site. 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 permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 6.1.2 Utilize the existing 20-foot wide driveway onto E. Pine Avenue as a shared driveway as proposed. Pave the driveway its full-width at least 30-feet into the site beyond the edge of pavement. 6.1.3 Other than the access specifically approved with this application, direct lot access is prohibited to E. Pine Avenue. 6.1.4 Comply with all Standard Conditions of Approval. 6.2 Standard Conditions of Approval 6.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way. PAGE 17 6.2.2 Private 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 maybe required to update any existing non- compliantpedestrian 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 maybe 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 ACRD 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. 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. 7. PARKS DEPARTMENT 7.1 The Parks Department had no comments on this application. PAGE 18 C. Legal Description and Exhibit Map for Proposed Rezone ~~ ~ ~/~r irMR saluwl ala^an.. !a. a tlMalw 6fMM~ a t~r0a A lOFfal~?'liri~' a 4i7' tA11At A Pblarrola ~ TNellor~~rtaaale4i ~ cs M Nal~aatts~si 9L ar 11~ sr>~rrrlw~r ttl. tiuaa'ntw+ 7-,'1'catulrrla~ ~ f10RrH~ RArat! 11 Eutor'f. ~enat IIwrM1r, dar rx Aout CaarMnr, ibww A Portion d TM t~brlfwntt ~4 d the Nafheert Y. d the 8aulhssaut 3ti, SeoMon 7, TolrrrMp 3 l+lartll, f~aulps 1 East, 9otula friarShcan, CtY d Min, Duda , Idaho, bshp mars psr~arhrry daacrlbed as falloras; A Ct7lfilAEtlCtglO st the found Brses Capp Mom rt>rrldnp thr E.>wt yG Comer d >~Orl T, frartl YYhloh the frMJrld '~ Nlah reNef w161 110 ~p {ert r pirr6c carp sdrrrlped "FLt3i PLt319oQ4'} Irlarlrill~ 1M Cal~rr-art 1M8'" Camsr d ~eadon 7 bseas Sau1v dri'33'3~" VYe~t. a dt4brlos d 1 „8Q3.8t) feet" 2, tlwrlae alonup araW boundsly Uls tattoeukrp o ae+d ~rlaas: ~. $aNl flyt}~'2,8'S2" Ea1et„ a rgrtrlrlor d 64.96 fast ffi ya,.lo~Nld ~ b1a~ltyre~0at MAh pitta cap epen~ed •FK>n(3t's PL86676" n~rlrMdnp tta Mtrrsru~6nrl wllh a ctrlw too the 1lptlt et a nontadial arpirt 4, ~ Bald csarlae b the ~ hsukup a Mnplh d 8.98 feet. s asdlur d 96.44faet, a exrllnd enpN1 d 6•~"t112'. tYllpaalb~ d 1.88 fast and s loop ahorat which boars 8o1N134'34rbet' East, s dlMsnua d 3.86 fret b a found AArrrlMluan Cep IIAallumrrrt rrarklnp a palm d tirnperloy: PAGE 19 END tom' ~`11C1N H~~~~~ ~'i1~ ~~~~L}S7[]iDiT IIO~~R ~ ~ Pa:r1oN of nie ~aarHUU~t u4 of r-~ HoRrHEASr ~a oFTHE sourtiFasr us sr:cTloN ~. 7CNIYNSFMP 8110RTM, RANGE 4 EAST. 9018E M9tID1AN, Gi1Y OF Iu~RID1AN, ADA COUHIY, I~AFIOI ~ i ~ ~ ~~~ ~ ~f BAdTPd11~AVE 60i"33'9.'1"W 18O.8S' p'UY lOtitV ---i'"+i^--'414:1N' --- ~ Ni4t~Af pYAt' -~_ q CEi116 ~ ~, PJ~IG~i~i14LIROW troro1Q b_ ._ E 11t ,~.~~ R ~°~° _ °" ~ ' Eft ~l2T'L° tiY1' ~,NBY'93'8'YE ~~.~ ~.~.y ME'ti~1~~! N1i' ate' UI~'it'E REVIE ~- ~, ~b SCALE: 1'-~0" ~Y + ` ~ t {6 CURVE TA9LE CURVE LENCi7H RADIUS DELTA TANOEi[T di BEARINti CH. LENGTH Ct i.9B aL00' OOP~f" 1AM >i!4'JQ'R'l l.~l- C7 EJiO" f00.C? ODIML9T' i.10' /1~93~OfY 6J0 MERIDIAN PUBLIC "" s~ I~VIDVC n'CC'T l GF ~O ~~aA,~ FOX LAND SiiRVBY3INC. f~1547.71767 PAGE 20 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone a portion of the subject property from I-L to C-N. Staff finds that the proposed map amendment is consistent with the MU-C future land use designation for this site; however, because of the surrounding industrial uses and character of this area, Staff finds the proposed amendment would create a spot zone of C-N in the middle of an industrially zoned area. Therefore, Staff finds the amendment does not comply with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed map amendment to the C-N district and daycare use of this property is consistent with the purpose statement of the commercial district in that it provides for the service needs of the community. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment in itself will not be detrimental to the public health, safety, or welfare; however, staff finds the proposed use may be detrimental to public safety due to the volume of traffic on the site generated from the proposed use and the mix of small children frequenting the daycare & large trucks making deliveries to the adjacent industrial businesses. Staff recommends that the Commission and Council rely on any oral or written testimony that maybe provided when determining this finding. 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, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). This finding is not applicable as the applicant is requesting approval of a rezone, not annexation. However, as noted previously, staff does not find that the proposed rezone is in the best interest of the City. 2. Conditional Use Permit (UDC 11-SB-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. PAGE 21 Staff finds that the subject property meets all the dimensional and development regulations of the C-N district; however, staff finds that it is not large enough to accommodate the proposed daycare and the existing industrial uses on the property due to potential access & circulation conflicts on the site. Additionally, staff finds the site is not large enough to provide adequate play area, inside or outside, for the children (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed use is not consistent with the Comprehensive Plan future land use map designation of MU-C because there is no mix of uses proposed nor is the project directly accessible to neighborhoods as required. Therefore, Staff finds the proposed daycare center is not harmonious with abutting industrial uses or consistent with the Comprehensive Plan mixed use designation for this site. Per the Comprehensive Plan, industrial development is encouraged to locate adjacent to existing industrial uses. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds that although the proposed daycare will not adversely change the character of the area, the use is not compatible with the existing industrial character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds the traffic generated by the proposed daycare will adversely affect the existing industrial businesses on the site by causing congestion in the parking lot & circulation problems when trucks are backed up to the overhead doors loading/unloading. Because Staff finds the proposed use is not appropriate in this area or compatible with adjacent industrial uses, staff is recommending denial of the CUP request and therefore, is not including conditions of approval. The Commission should rely upon any public testimony provided to determine if the development will adversely affect other property in the vicinity. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation currently service the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD. Based on comments from other agencies and departments, Staff finds that the proposed use would be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. Exhibit C - 1 - g. That the proposed use will not involve activities or 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. Staff finds there will most likely be a significant amount of traffic generated by the proposed use that will contribute to the existing traffic from the industrial businesses on the site that maybe detrimental to the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. 3. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Staff finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are currently provided to the subject property. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the property is currently serviced by City water and sewer and any other utilities will be provided by the development at their own cost, Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. Exhibit C - 2