Genesis Center RZ-11-005CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~~vl E IDIAN~--
IDAHO
In the Matter of the Request for a Rezone from the C-N Zoning District to the C-C Zoning District
for the Genesis Center, Located at 1535 W. Franklin Road, by Sharon Sharp (Knox).
Case No(s). RZ-11-005
For the City Council Hearing Date of: January 24, 2012 (Findings on February 7, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 24,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 24, 2012, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (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 hnpact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-11-005
-1-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report far the
hearing date of January 24, 2012, 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 § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for rezone is hereby approved per the attached Staff Report for the
hearing date of January 24, 2012, attached as Exhibit A.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review maybe filed.
2. Please take notice that this is a fmal action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which maybe adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
E. Attached: Staff Report for the hearing date of January 24, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-I I-005
-2-
By action of the City Council at its regular meeting held on the / " day of 2,
2012. ~ l/JI
COUNCIL PRESIDENT DAVID ZAREMBA
COUNCIL VICE PRESIDENT BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
de Weerd
Attest:
Gry oc
City Clerk ~~~ SEAL
' °~ ~c, r
Copy served upon Applicant, The Planning De
B:
Jerk' O e
VOTED
VOTED
VOTED
VOTED
~-
VOTED
Public Works Department and City Attorney.
Dated: 02 ~ $ ~ ( ~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-11-005
-3-
EXHIBIT A
STAFF REPORT
HEARING DATE: January 24, 2012
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: RZ-11-005 -Genesis Center
~~1~1 E IDIAN~-
IDAHO
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Sharon Sharp, has applied to rezone (IiZ) 1.59 acres of land from the C-N (neighborhood
business) zoning district to the C-C (community business) zoning district.
H. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed application based on the Findings of Fact and Conclusions of Law
in Exhibit D of the Staff Report.
The Meridian Planning & Zoning Commission heard these items on December 15, 2011. At the public
hearing, the Commission moved to recommend approval of the subiect RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Sharon Knox (Applicant)
ii. In opposifion: None
iii. Commenting: None
iv. Written testimony: Sharon Knox (response in agreement with the staff report)
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
Ra ummarv of City Council Public Aearin¢:
L In favor: Sharon Knox (AR lin cant)
ili In onoosition: None
lll. Commenting: None
iz. Written testimony: None
y, toff nresentin~ application: Sonya Watter
yi, Other staff commentnQ nn application: Nnne
12, ev issues of Discussion by Council:
1. Nnne
s_, Kev Council Changes to Staff/Commission Recommendation
i. Nnne
Genesis Cen[er RZ-11-005 PAGE 1
EXHIBIT A
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ-11-005 as
presented in the staff report for the hearing date of January 24, 2012, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number RZ-11-005 as
presented during the hearing on January 24, 2012, for the following reasons: (You should state specific reasons
for denial.)
Continuance
I move to continue File Number RZ-11-005 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:
1535 W. Franklin Road -Parcel No. S 1213223015
Located in the northwest '/a of Section 13, Township 3 North, Range 1 West
B. Owner(s):
Sharon Sharp (Knox)
4553 N. Eagle Pointe Place
Star, ID 83669
C. Applicant:
Same as owner
D. Representative:
Same as owner
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone request. A public hearing is required before the Planning & Zoning
Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: November 28, and December 12, 2011 (Commission); December
26, 2011 and January 9, 2012 (City Council)
C. Radius notices mailed to properties within 300 feet on: November 17, 2011 (Commission); December 22,
2011(City Council)
D. Applicant posted notice on site by: December 5, 2011 (Commission); January 14, 2012 (City Councip
VI. LAND USE
A. Existing Land Use(s): Rural residential property
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant commercial property, zoned C-C
South: Tennis court owned by Crestwood Estates Subdivision, zoned C-N; and ACRD drainage pond,
Genesis Center RZ-11-005 PAGE 2
EXHIBIT A
zoned C-N
East: Outdoor RV storage yard owned by Crestwood Estates Subdivision, zoned C-N
West: Fuel station/convenience store/car wash, zoned C-C
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: Services are currently provided to this site.
b. Location of water: Services are currently provided to this site.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no ditches or canals that cross this property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the flood plain or flood way.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Per the
Comprehensive Plan, the Commercial 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.
There is currently a 9,690 square foot multi-tenant building that exists on this site that will continue to be used
for commercial purposes. The applicant is requesting a rezone in order to expand the uses allowed on the
property as well as extend the hours of operation for businesses within the complex.
Staff finds the current and continued commercial use of the property is consistent with the Commercial future
land use designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
existing use (staff analysis in italics):
• Ensure that adequate public services are provided for existing and future residents and businesses.
This property is currently serviced by City water and sewer service as well as Police and Fire
services.
• Encourage compatible uses to minimize conflicts and maximize use of land.
Staff is of the opinion uses allowed in the proposed C-C zoning district will be generally compatible
with the adjacent storage yard to the east and drainage pond, tennis court, and office to the south.
• Cluster new community commercial areas on arterials or collectors near residential areas in such a way
as to complement adjoining residential areas.
This is not a new conmtercial area but it does lie on the corner of two arterial streets nem~ residences
in Crestwood Estates Subdivision to the east and south. Existing and future businesses in this location
should complement the residential area by providing services in close proximity.
Genesis Center R~11-005 PAGE 3
EXHIBIT A
• Plan for a variety of commercial and retail opportunities within the Area of City Impact.
The proposed rezone from C-N to C-C will allow for a wider variety of commercial businesses to
occupy the existing building.
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. Unified Development Code (UDC) Table 11-2B-21ists the permitted, accessory, conditional, and
prohibited uses in the proposed C-C zoning district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning
district apply to this site.
D. Landscaping Standards (UDC 11-3B): NA
E. Off-Street Parking: NA
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant requests approval to rezone 1.59 acres of land from the C-N to the C-C zoning district,
consistent with the future land use map designation of commercial for this property.
The legal description for the proposed rezone submitted with the application (prepared on November 4,
2011, by Glenn K Bennett, PLS) appears to meet the requirements of the Idaho State Tax Commission
(see Exhibit C).
There is currently a 9,690 square foot multi-tenant building on this site that will continue to be used for
commercial purposes; no new development is proposed. The applicant requests a rezone to a slightly more
intense zoning district in order to expand the uses allowed on the property as well as extend the hours of
operation for businesses within the complex. The current C-N zoning district restricts the hours of
operation of businesses from 6 am to 10 pm; the proposed C-C zoning district has no restrictions in regard
to hours of operation. The differences in uses allowed in the C-N vs. C-C districts are highlighted in
Exhibit A.2.
Staff has compared the uses allowed in the C-N district to those allowed in the proposed C-C district and
generally does not find any of the uses that would be feasible to go into the existing building to be
objectionable.
The property to west across Linder Road is zoned C-C and has a wide variety of uses on the site (i.e.,
convenience store/gas station/car wash drive-thru restaurant, drinking establishment, drive-thru coffee
restaurant and other restaurant(s), dry cleaners, etc.). Because this site does not directly abut residential
uses, it's located on the corner of two arterial streets, and the vacant property directly to the north is also
zoned C-C, Staff is of the opinion the proposed C-C zoning district is appropriate for this site.
Staff finds rezoning this property to C-C is consistent with both the Comprehensive plan and the Unified
Development Code. Therefore, staff recommends approval of the RZ request.
Genesis Center RZ-11-005 PAGE 4
EXHIBIT A
X. EXHIBTi'S
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
2. Allowed Uses in the C-N vs. C-C Zoning Districts (Table 11-2B-2)
B. Agency Comments
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Deparhnent
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Genesis Center RZ-11-005 PAGE 5
EXHIBIT A
Exhibit A.l :Vicinity/Zoning Map & Aerial Map
Genesis Center RZ-11-005 PAGE 6
EXHIBIT A
Exhibit A.2: Allowed Uses in the C-N vs. C-C Zoning Districts (Table 11-2B-2)
Use C-N ' C-C
. Animal care facility' ~ P
-Artist s[udio~ '~ P
• Arts, entertainment or recreation facility, indoor ~ P
Arts, entertainment or recreation facility, outdoor ~ P
Arts, enter[aimnent or recreation facility, outdoor stage or music ,
venue ~ C
Building material, garden equipment and supplies ~ P
'li Church or place of religious worship ~ P
Civic, social or fraternal organizations ~ C
Construction sand and gravel mining
~~~ ~~ ~ _ ~ C
'~, Daycare center
~
i - A/C A/C
Daycare, family ~ A
Daycare, group I p P
Dispatch center for mobile services ~ C
'~, Drinking establishment ~ C
Drive-through establishment A/C A/C
Education insti[u[ioa, private ~ P
Education institution, public
f ~ P P
Equipment rental, sales, and service ~ C
Financial institu[ion~ ~ P ~ P
'Flex space
- ~ P
~
I; Fuel sales facility I C P
Healthcare or social sewices ~ P
Home occupation ~ A
Hospitah ~ C
1, Hotel and motel
~- P/C P/C
'~,,. Indushy, infoimation~ I p p
Genesis Center RZ-1 I-005 PAGE 7
EXHIBIT A
Laundromat I P P
~
!Laundry and dry cleaning
-__. ~ C
---
Mortuary ~ P
Multi-family development ~ C
Nursery or urban farm ~
~C P
Nursing on~esidential care facility
r I C C
Parking facility
~ ~~~ (;
C
I
C
~'I Parks, public and private I ~ P
Personal service I P P
j Professional service I P P
;Public, iufrastmcture M
i
C C
''~, Public or quasi-public use I
~~ _ ~
~
P P
~''~, Public utiliTy, minor M
P P
''~,, Restaurant I ~
~
~ P P
~''~~, Retail store I P
. P
~~,, Retail store, wine and beer sales and servings II ~~
~~
P ":": P
'~, Storage facility, outside I A I A
'I Storage facility, self service ~ C
i, Vehicle repair, minor - I ~
A P
Vehicle sales or rental and service ~ C
--
'~~, Vehicle washing facility I C P
'~.. Vertically integrated residential project I B
C P
Wireless communication facility P/C P/C
Wireless communication facility, amateur radio antenna A/C ''. A/C
Note:
1. hrdicates uses that are subject to specific use standards in accord with chanter 4 of [his title.
Genesis Center RZ-11-005 PAGE 8
EXHIBIT A
Exhibit B: Agency Comments
1. PLANNING DEPARTMENT
1.1 General
1.1.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter
2 District regulations.
1.1.2 Comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14.
1.1.3 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.2 Process
1.2.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant
shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and
receive approval for such signs.
1.3 Ongoing
1.3.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum
height of six feet above the ground or sidewalk surface to afford greater visibility of the area.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no issues or concerns with this application.
3. FlltE DEPARTMENT
3.1 The Fire Department has no comments related to this application.
4. POLICE DEPARTMENT
4.1 No smoking establishment/hookah bar should be allowed on this site within such close proximity to
the surrounding residential area.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
This application is for a rezone only. Listed below are sonse of the site-specific conditions of approval that
the District n2ay require when it reviews a future development application (additional site-specific
requirements may be levied with a specific redevelopment application).
6.1 Site Specific Conditions of Approval
6.1.1 Dedicate 58-feet ofright-of--way from the centerline of Franklin Road, abutting the site. The right-of-
way purchase and sale agreement and deed must be completed and signed by the applicant prior to
issuance of a building pemut (or other required pemits). 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 Dedicate 48-feet ofright-of--way from the centerline of Linder Road, abutting the site. The right-of-
way purchase and sale agreement and deed must be completed and signed by the applicant prior to
issuance of a building permit (or other required permits). Allow up to 30 business days to process the
Genesis Center RZ-11-005 PAGE 9
EXHIBIT A
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.
6.1.3 Construct a 6-inch raised concrete median with reflective candles beginning at the intersection of
Franklin Road and Linder Road, conning east for approximately 300-feet terminating 75-feet east of
the eastern edge of the existing driveway on Franklin Road.
6.1.4 Construct a 6-inch raised concrete median with reflective candles beginning at the intersection of
Linder Road and Franklin Road, running south for approximately 205-feet terminating 75-feet south of
the southern edge of the existing driveway on Linder Road.
6.1.5 Correct any deficiencies and/or replace deteriorated facilities abutting the site, including sidewalk
construction or replacement; curb and gutter construction or replacement; installation or reconstruction
of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items on
Franklin and Linder Road, abutting the site.
6.1.6 Other than the access specifically approved with this application, direct lot access is prohibited to
Franklin Road and Linder Road.
6.1.7 Payments of impact fees are due prior to issuance of a building permit.
6.1.8 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 ACRD right-of--way.
6.2.2 Private sewer or water systems are prohibited from being located within the ACRD right-of-
way.
6.2.3 In accordance with District policy, 7203.6, the applicant maybe required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation
of ADA compliance to District Development Review staff for review.
6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280 (with
file number) for details.
6.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within 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 ACRD 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 ACRD right-of--way. The applicant shall contact ACRD Traffic
Operations 387-6190 in the event any ACFID 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.
Genesis CenterI2Z-I 1-005 PAGE 10
EXHIBIT A
6.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACRD 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 ACRD 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 ACRD. The burden shall be upon the applicant to obtain written confirmation
of any change from ACRD.
6.2.12 If the site plan or use should change in the future, ACRD 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 AC1ID Policy and Standard Conditions of Approval in place at that
time unless awaiver/variance of the requirements or other legal relief is granted by the ACRD
Commission.
7. PARI{S DEPARTMENT
7.1 The Parks Department has no comments related to this application.
Genesis Center RZ-I1-005 PAGE 11
EXHIBIT A
C. Legal Description and Exhibit Map
ANNEXATION/R1~ZONE DECRIPTION
FOR
SHARON SHARP-I~TOX
A parcel located in the NW '/, of the NW Y, of Section 13, Township 3 Nolth, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
BEGINNBJGat a brass cap monument marking the northwesterly comerof said NW '/.
of the NW %, fiom which a brass oap monument marking the northeasterly corner of the
NW '/, of said Section 13 bees S 89°15'35" E a distance of 2651:31 feet;
Thence S 89°15'.35" B along the northerly boundazy of said NW % of the NW %, a
distance of 299.74 feet to a point on the extension of the easterly boundary of thatparcel
described by Instrument Number 108132092 on file in the office of the Recorder, Ada
County, Idaho;
Thence leaving said northerly boundary S 0°44'25" W along said extended easterly
boundary a distance of 270.06 feet to the southeasterly corneraF said parcel;
Thence N 89°15'35" W along the southerly boundary of said parcel a distance of 101:75
feet to an angle point in said parcel boundary;
Thence N 0°48'25" E along said parcel botmdaiy a distance of 59.10 feet to an mrgle
point in said parcel boundary;
Thence N 89°15'35" W along said parcel boundary a distance of 19733 feetto a point on
the westerly boundary of said NW'/, of the NW '/<;
Thence N 0°32'35" E along said westerly boundary a distance of 210.96 feet to the
POINT OFBEGBdNING,
This parcel contains 1,39 acres.
Prepared by; Glenn K: Beimett, PLS
Civil Survey Consultants, Incorporated
November 4, 2011
RE ,. PPpOVAL
BY-
NOV 0' g 2011
M WORKS bEPTIC
Genesis Center RZ-I 1-005 PAGE 12
EXHIBIT A
SKETCH TO ACCOMPANY .4NNEK4T/ON/RE-ZONE pESCR/PAON TO THE C/lY
LOCATED /N THE NW 1/4 OF THE NW 1/4 OF SECT/ON 13,
TOWNSN/P 3 NORTH, RANGE 1 WEST, BO/SE MER/D/AN, ADA COUNTY,
PO/M OF
BEG/NN/NG
A
i~
I~
N
1/4
I
I
I
I
I
I
I /NS7RUA/EVI N0.
I 108132091
I
RE I PROVAL
BY
Gov o a zon
MERIDIAN PUBkID
WORKS DEPT.
OF MER/D/AN
/DAHO.
1351.57'
7/4
sute~ ~ Aso'
Genesis Center RZ-11-005 PAGE 13
EXHIBIT A
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 the subject property from C-N to C-C. The City Council
fmds that the proposed map amendment is consistent with the Commercial future land use
designation for this site. Therefore, the City Council fmds the amendment is consistent 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;
The City Council finds that the proposed map amendment to the C-C zoning district and
existing and continued commercial use of this property is consistent with the purpose
statement of the commercial districts in that it provides for the retail and service needs of the
community.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any polifical subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City ([JDC 11-SB-3.E).
The City Council fmds this fording is not applicable as the request is for a rezone, not
annexation.
Genesis Center I2Z-I1-005 PAGE 14