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Staff ReportItem #4B: Raisin Angels Rezone (RZ-13.012) , Application(s): Rezone Size of property, existing zoning, and location: This site consists of 1.54 acres of land, is currently zoned I-L, and is located at 1771 E. Pine Avenue. Adjacent Land Use & Zoning: This property is surrounded by industrial and residential property (across Pine), zoned I-Land RUT in Ada County; vacant and developed commercial properties, zoned C-G and L-0 (to the east) and industrial properties (to the west and south), zoned I-L. History: In 2004, the property received combined preliminary/final plat (PFP-04-008) approval to develop a four (4) lot industrial subdivision on approximately 8.02 acres. Summary of Request: The applicant has applied to rezone (RZ)1.54 acres from the I-L (Light Industrial) zoning district to the L-0 (Limited Office) zoning district for the purpose of developing the parcel with a daycare center. In the I-L zone, daycare centers are listed as an accessory use in the I-L district. If the rezone is approved, the future daycare center would be classified as a principally permitted use in the proposed L-O zoning district; subject to the specific use standards listed in UDC 11-4-3-9 for daycare facilities. Typically L-0 zoning is not recommended within "Industrial" designated areas on the FLUM. However, in reviewing the surrounding land use designations, this property is situated adjacent to property (east) designated "Mixed-use Community" on the FLUM which encourages a mix of uses and zoning designations including L-0. Staff recognizes that FLUM designations are not parcel specific and sees merit in "floating" the adjacent Mixed-use Community designation to cover this property which would support the applicants request for L-0 zoning. As part of the rezone application submittal, the applicant provided a conceptual. site plan, landscape plan and building elevations. Staff has provided a cursory review of the submitted concept plans and finds the plans to be in general compliance with the UDC. However, the future use of the property will not be established until the property obtains CZC and DES from the Planning Division. Comprehensive Plan FLUM Designation: Industrial Written Testimony: None Staff Recommendation: Approval without the requirement for a development agreement. Notes: STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: November 7, 2013 Planning and Zoning Commission Bill Parsons, Associate City Planner 208-884-5533 E IDIAN~-- fDAHO Bruce Freckleton, Development Services Manager 208-887-2211 RZ-13-012 -Raisin' Angels I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has applied to rezone (RZ) 1.54 acres from the I-L (Light Industrial) zoning district to the L-O (Limited Office) zoning district for the purpose of developing the parcel with a daycare center. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed rezone (RZ) application 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 Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number RZ-13-012, as presented during the hearing on November 7, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number RZ-13-012 as presented during the hearing on November 7, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number RZ-13-012 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: 1771 E. Pine Avenue (Parcel No. R6108100030); located in the southwest'/a of Section 8, Township 3 North, Range 1 East B. Owner/Applicant: Engineered Structures Inc. 3300 E. Louise Drive Meridian, ID 83642 C. Representative: Laren Bailey, LEI-Engineers 3023 E. Copper Point Drive Raisin' Angels - RZ-13-012 PAGE 1 Meridian, ID 83642 D. 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 and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 21, and November 4, 2013 (Commission); C. Radius notices mailed to properties within 300 feet on: October 10, 2013 (Commission); D. Applicant posted notice on site by: October 27, 2013 (Commission); VI: LAND USE A. Existing Land Use(s): The site is vacant developable property, zoned I-L. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This property is surrounded by industrial and residential property (across Pine), zoned I-L and RUT in Ada County; vacant and developed commercial properties, zoned C-G and L-O (to the east) and industrial properties (to the west and south), zoned I-L. C. History of Previous Actions: In 2004, the property received combined preliminary/final plat (PFP-04-008) approval to develop a four (4) lot industrial subdivision on approximately 8.02 acres. D. Utilities: 1. Public Works: a. Location of sewer: b. Location of water: 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: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Industrial" on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of the industrial designation is to provide a range of industrial uses that support industrial and commercial activities and to develop areas with sufficient urban services. While the Comprehensive Plan supports incidental retail and office uses in the industrial designated areas; the existing I-L zoning on this property limits the daycare use as an accessory use which must be subordinate to a primary use. For this reason, the applicant is proposing to rezone the property to the L-O zoning district. Typically L-O zoning is not recommended within "Industrial" designated areas on the FLUM. However, in reviewing the surrounding land use designations, this property is situated adjacent to property (east) designated "Mixed-use Community" on the FLUM which encourages a mix of uses and zoning designations including L-O. Staff recognizes that FLUM designations are not parcel Raisin' Angels - RZ-13-012 PAGE 2 specific and sees merit in "floating" the adjacent Mixed-use Community designation to cover this property which would support the applicants request for L-O zoning. In addition, several corporate campuses have been constructed in the area generating additional need for convenient child care (Scentsy Campus and PKG Corporate office).This proerty is part of a much larger area identified as "The Core" (page 58) which envisions a mix of health sciences, technology and business centers with an emphasis on providing a corridor of complementary businesses and services for visitors and the surrounding workforce. The Core will attract additional businesses to the area further increasing the need for the daycare center and other support services. The requested L-O zone would allow the development of the proposed daycare center to support the area workforce. Based on the aforementioned analysis, staff is of the opinion that the requested rezone is consistent with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.O1F, pg. 45) City services are stubbed to the property and will be extended with the development of this site. 2. Encourage compatible uses to minimize conflicts and maximize use of land. (3.06.00, pg. 53) The future daycare center is on the fringe of the industrial and commercial development and should not be impacted by the adjacent industrial developments. 3. Restrict curb cuts and access points on collectors and arterial streets. (3.06.02D, pg. 53) The conceptual site plan depicts an access point to E. Pine Avenue. With the development of the Nola Subdivision, the property was granted aright-in/right-out only access to E. Pine Avenue and a note on the recorded plat grants cross access to this property to use the approved access point. Another access point is proposed to Nola Road, a local street, consistent with the UDC. 4. Require all commercial and industrial businesses to install and maintain landscaping (2.01.03B, Chapter 2, pg. 14). The required landscape buffers along Pine Avenue and Nola Road were approved and installed with the Nola Subdivision. 5. Plan for a variety of commercial and retail opportunities within the Impact Area (3.OS.O1J, pg. 51). Staff believes that the future daycare center will contribute to the variety of uses in this area and will be compatible with the existing industrial uses. 6. Encourage infill development in vacant undeveloped areas within the City over fringe area development to halt the outward progression of urban development. (5.01.02B, pg. 69) The subject property has been vacant for several years and is ready to be developed. The proposed development is an infill project consistent with this objective. For the above-stated reasons, staff is of the opinion the proposed rezone is consistent with the applicable comprehensive plan policies and is appropriate in this location. 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 accord with the Meridian Comprehensive Plan. Six (6) Districts are designated which differ in the size and scale of commercial structures Raisin' Angels - RZ-13-012 PAGE 3 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 L-O zoning district. The future daycare center is listed as a principally permitted use in the proposed L-O 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 L-O zoning district apply to this site. D. Landscaping Standards (UDC 11-3B): 1. Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tablel 1-2B-3 for the L-O zoning district. The required landscape buffers have been installed with the Nola Subdivision improvements and must remain protected during construction on the site. 2. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. 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 the commercial districts. UDC 11-3C-6G requires one bicycle parking space be provided for every 25 proposed vehicle parking spaces or portion thereof. Based on twenty-one (21) parking stalls depicted on the conceptual site plan, a minimum of 1 bicycle parking space is required with the development of the daycare center in accord with the standards listed in UDC 11-3C-SC. F. Hours of Operation: The future daycare center must operate between the hours of 6:00 a.m. and 10 p.m. in accord with UDC 11-2B-3A4. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE: The applicant proposes to rezone 1.54 acres from the I-L (Light Industrial) zone to L-O (Limited Office) zone. The purpose of the rezone is to develop the property with a daycare center. Daycare centers are listed as an accessory use in the I-L district. If the rezone is approved, the future daycare center would be classified as a principally permitted use in the proposed L-O zoning district; subject to the specific use standards listed in UDC 11-4-3-9 for daycare facilities. Since the proposed rezone is supported by the Comprehensive plan and the future use of the property is principally permitted in the proposed L-O zone, staff is not recommending a development agreement with the rezoning of the property. With the submittal of a certificate of zoning compliance (CZC) application staff, the future daycare facility must comply with the following standards: 1. In determining the type of day care facility, the total number of children cared for during the day and not the number of children at the facility at one time, is the determining factor. The operator's children are excluded from the number. The applicant is requesting that the facility accommodate up to 100 children. The occupant load of the future facility will be determined by the design professional of record preparing the code analysis for the Building Division's review and approval. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. Raisin' Angels - RZ-13-012 PAGE 4 The submitted site plan depicts a parent drop-off area separated from the parking area. The proposed drop-off area should provide a safe discharge and pick-up of children. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. The applicant is requesting the Commission allow up to 100 children to use the subject facility. Staff is amenable to this request however; the licensed architect is responsible for determining the occupant load for the future daycare facility. The Building Division will review the code analysis and verify the architect's occupancy classification with the submittal of a new commercial building application. The applicant is also requesting to operate the facility from 6:00 a.m. to 10:00 p.m. which is consistent with the hours of operation allowed in the proposed L-O zoning district (UDC 11- 2B-3A4). 4. Upon tentative approval of the application by the Director or Commission for the daycare facility, the applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by Title 39, Chapter 11, Idaho Code, in accord with UDC 11-4-3-9, prior to issuance of certificate of occupancy. The applicant or owner shall comply with all State of Idaho Department of Health and Welfare daycare facilities. Certificate of occupancy for the building will not be issued until this requirement is satisfied. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. Hours of operation for the future facility are more restrictive in the L-O zoning district as noted above. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non-scalable fence 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 the Meridian City Municipal Code. The submitted conceptual site plan depicts an enclosed outdoor play area however neither the concept plans call-out the proposed fencing materials. With the submittal of the CZC application, details of the proposed fencing should be provided. Conceptual site plan: The applicant has submitted a conceptual site plan with the rezone application. The plan depicts a 5,000 square foot building, the associated parking area and an enclosed outdoor play area. Staff has conducted a cursory review of the submitted plan and recommends the following revisions with a future CZC application: • Provide a 5-foot wide pedestrian connection from the one of the perimeter sidewalks to main building entrance in the form of scored concrete, bricks or pavers in accord with UDC 11-3A- 19. • Provide a bike rack in accord with in accord with the standards listed in UDC 11-3C-SC. • The drive aisle adjacent to the future parking area (east side of the building) must be a minimum of 25 feet wide in accord with UDC Table 11-3C-5. Access: One right-in/right-out driveway access is proposed via E. Pine Avenue and another access is proposed to Nola Road near the south boundary to serve the future development. The access to Pine Raisin' Angels - RZ-13-012 PAGE 5 Avenue was granted with the subdivision approval with a requirement that the approved access was to be for the benefit of all three parcels fronting on Pine Avenue through a cross access agreement. A note on the final plat states this requirement. Since the property proposed for the rezone and the two adjoining lots are held under the same ownership and cross access was granted via the plat staff finds the proposed accesses are consistent with the standards set forth in UDC 11-3A-3. Conceptual Landscape Plan: The applicant has submitted a conceptual landscape plan with the rezone application. As mentioned earlier the required street buffers (20-foot along Pine and 10-foot along Nola) have been installed the Nola Subdivision improvements. Staff has conducted a cursory review of the submitted plan and recommends the following revisions with a future CZC application: a. Any landscaping near the construction zone must remain protected during construction on the site. b. Install a planter island to break-up the run of nineteen (19) parking stalls adjacent to the Nola Road landscape buffer in accord with the standards set forth in UDC 11-3B-8C. c. Provide a fence detail for the enclosed outdoor play area. Conceptual Building Elevations: The applicant has submitted conceptual building elevations with the rezone application. The office elevations incorporate a stucco finish, stone wainscot, and variations in roof form, decorative covered entry and modulation in the wall planes. A more comprehensive review of the proposed building design will occur with the submittal of the design review application. Future development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. In summary, staff recommends approval of the proposed rezone application with the agency comments listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the staff report. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Future Land Use Map 3. Conceptual Site Plan (dated: 09/17/13) 4. Conceptual Landscape Plan (date: 09/13/13) 5. Conceptual Building Elevations of the Proposed Daycare Center B. Agency Comments 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map for the Proposed Rezone D. Required Findings from Unified Development Code Raisin' Angels - RZ-13-012 PAGE 6 Raisin' Angels - RZ-13-012 PAGE 7 Exhibit A.l : Vicinity/Zoning Map Exhibit A.2: Future Land Use~Map then ~- t --. ©tl e- bs~ y1St~ J O N O ~ ~ rn 9b3 w ~\ 975 w 1235 '1160 1190 rq~o I ~ 2075 Raisin' Angels - RZ- 13-012 PACE 8 Exhibit A.3: Conceptual Site Plan (dated: 09/17/13) y ` k~~® SJRV F'[ORS •LA VX[~S ~~la'~~ 1jj~~ P7f~ ...~.i ..~... a n i (. IiM[ IY[ ~"'-.. ~ ~ --.~.. . .cam , k A e ~ I ^ 9 - - - r.- ~l/". ~ _ _.. f ~~ w ,, ~~,~ . ~/ ~!L/ , ~ ~~~ _.~ I ~ ...,.... ~ ~I ' ~ _ ,.. ,. ~ 1 '~. 1 G ~ ! ~ i 1`I I h ~ i1i ~ ' . 1 . ~~ I' •., ~ V ~~ .. 1 , ~ ~ ~^ i ~ . I _.. w ~. l..L__..- y. _a..: ___ ~ ~~ R ` ~ { ~ i 1 Raisin' Angels -RZ-13-OI2 PAGE 9 Exhibit A.4: Conceptual Landscape Plan (dated: 09/13/13) ~_~,~, ~~ EIRE FVE aoi~d ~~.:~AR ~ arwi ~ ~ ~ RS - .: ._..~ raw w.i.wa•w , t 413Y0 IINVL l___ •i~c..a~ '~` -•+ruaww ww~nra~ ~w w rM Lis -- u. `. wawa. rw \ flEPFOeL NO~I IAlOEfJ~lERX1 sx -' _ -1 ass,- ~ I ~ . x~~zr..~- :~.:.-- s~::.e~xa~Lx.:,a Q u o i :\:' Ca~7t'~ Z Rte. d.~v -~ ~~ ~ 1 e{°pw~.:.°v.r ~1,~ JI~ C.i:'Yr >,.$~ ~:i 2 DFI?1L_EYER(7gFN/DEQW_OUS_9(41B ~~`"'~L' W. .__ L1 Raisin' Angels-RZ-13-012 PAGE I( Exhibit A.S: Conceptual Building Elevations ~.~ -- i _ _.tiS' E .. :: .. ~itJ~l~ E4~~~ _.~ M_ ~. _ ~_~ ~~ ~ - - - ~. ~ ~~~ ~ _ ~E 5 1 m ,.,. Raisin' Angels-RZ-13-012 PAGE Il NOS"sf-; EiEc'r;',a.~\ - ERGi~T VEIVv B. Agency Comments 1. PLANNING DIVISION 1.1 The applicant must comply with all conditions of approval for Nola Subdivision (PFP-04- 008). 1.2 With future CZC submittal, the conceptual site plan should include the following revisions: a. Provide a 5-foot wide pedestrian connection from the one of the perimeter sidewalks to main building entrance in the form of scored concrete, bricks or pavers in accord with UDC 11-3A-19. b. Provide a bike rack in accord with in accord with the standards listed in UDC 11-3C-SC. c. The drive aisle adjacent to the future parking area (east side of the building) must be a minimum of 25 feet wide in accord with UDC Table 11-3C-5. 1.3 With future CZC submittal, the conceptual landscape plan should include the following revisions: a. All landscaping near the construction zone (north, south and east boundaries) must remain protected during construction on the site. Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. b. Install a planter island to break-up the run of nineteen (19) parking stalls adjacent to the Nola Road landscape buffer in accord with the standards set forth in UDC 11-3B-8C. c. Provide a fence detail for the enclosed outdoor play area. 1.4 Prior to the issuance of a building permit for any structure on the site, the applicant must obtain approval of a certificate of zoning compliance and administrative design review application for the proposed development. 1.5 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.6 Applicant will be required to install street lighting per the City of Meridian Department of Public Works, Improvement Standards for Street Lighting. All streetlights shall be installed at subdivider's expense. Final design shall. be submitted to the Public Works Department for approval. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 1.7 Future development of this site must comply with the design standards listed in UDC 11-3A- 19 and the guidelines contained in the Meridian Design Manual. 1.8 The future daycare center must comply with the specific use standards listed in UDC 11-4-3- 9 for daycare facilities. 1.9 The licensed architect is responsible for determining the occupant load for the future daycare facility. The Building Division will review the code analysis and verify the architect's occupancy classification with the submittal of a new commercial building application. 1.10 The future daycare center must operate between the hours of 6:00 a.m. and 10 p.m. in accord with UDC 11-2B-3A4. Raisin' Angels - RZ-13-012 PAGE 12 1.11 Future development of the site must comply with the access to street standards in accord with UDC 11-3A-3. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns with this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns with this application. 5. REPUBLIC SERVICES 5.1 The applicant shall submit a scaled site plan stamped approved by Republic Services verifying compliance with Republic Service's requirements with the CZC application. 6. ADA COUNTY HIGHWAY DISTRICT (COMMENTS ARE FORTHCOMING) 6.2 Standard Conditions of Approval 6.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way. 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 may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 6.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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 Raisin' Angels - RZ-13-012 PAGE 13 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 ACRD. 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 awaiver/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. Raisin' Angels - RZ-13-012 PAGE 14 C. Legal Description and Exhibit Map for Proposed Rezone LfEE3AL DESCRIPTION FOR RfYOtVF A parcel of Ntnd bated In the Southwest 1M of SeoWon 0, 7ownaidp 3 North, Ranyle 1 East, fioise MerkNan, Ada County, ice. MYrop furlhsr eteacrbed as lolbws: QA818 t)F dFARMitiQ: The M/est Nne of the 8eotbn 0, Townslrlp 3 NoRh, Range S East, f7olse AA«icNan, derived Aram found monuments and falcon as NoN- 00.28'40" East with the distanoa tretvveen rnorns~urMs found b be 3,850.9+1 Net. CONMAFNCINO al the West 1M comer common b Sections 7 and 0, Townst~ 3 North, Range 1 Fast tNdse Merkltan; Fhence abnp Aye NorMt Mne of the Svuttprvest 1i4 of saki Sectlorr 8, 8ou0- 09.64'09" Fast a distance of 434.82 Net b Ore POt#!T OF QE(dINNINO; fence conNnukrp South 89'64YJ9" East a d!bW>oe of 237.84 Net b the extension of the easlery rIp10-of-way of N. Nda Rwd; therx» Mavkty said North an. and abrp saki ezNnabn and ~gttt-away, Saiih 00.27'6r E..t a dlsi~,oe of 288.02 NN; ther>ra kavNgf saki right-ot-way, tbAh 00'26'00" 4Yesl a dbtancs of 237.40 test b tM Southvrest cotter of lot 3, ~otd:1, of Nola fir; thence North 00'28'40" East a distance of 279.07 Net b ~e POINT t)F AIEt3gH~iti. Saki panoef oontaMk-p 07,196 square feet or 1.84 acres. more u lass. ~ t?F DgOCRIPTION iRtuseN E. Y, P.L.S. 13450 TknbsrNne Otrvey{np 047 Paris Centro Way, Su0e 3 Nampa, klaho 83851 (200) 486-6087 Raisin' Angels - RZ-13-012 PAGE 15 88y1'~'E - 424.62' 7 P.o.e. - - s88' d4.OS"~ - ss7.s4' - - ®w-ss cnP AIONiNV1ENT E . PINE A V E f WE8T 1/4 CORNER ~ ~ I -- -.. _- - - - -- - - - - -- - - ~ 1" _ ~ I I ' ( ~ I ~~ I a ~, I ~ I ~ ~~ ~ ~ ~. l0T 3, BLOCK 1 ~ KOLA El~OM8Kk1 ~ _ ~~ ~ Z ~ i ~ ~ ~ I I I ~ ~ ~ I i ~ ~_ 0 E BRA38 GIP MINT LOT 3, BLOCK 1 ~~~ ca~~R KOLA SUBDIVISION 7 e REZONE DISPLAY MAP •~ f1l1.tN re~ i ~ T3N, IZ1E, SECTION 8 SURVFYiNC BOISE MERIDIAN .,, Raisin' Angels - RZ-13-012 PAGE 16 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 I-L to L-O. Since the proposed rezone is supported by the Comprehensive plan and the future use of the property, Staff finds that the proposed map amendment complies 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 L-O district and the future 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 will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be 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 11-5B-3.E). This finding is not applicable as the applicant is requesting approval of a rezone, not annexation. Raisin' Angels - RZ-13-012 PAGE 17