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HomeMy WebLinkAboutEquity Benefits, LLC AZ-04-001 BEFORE THE MERIDIAN CITY COUNCIL CIC 04/06/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION) AND ZONING OF 0.56 ACRES TO ) CoG ZONE, LOCATED ON THE ) NORTH SIDE OF FRANKLIN ) ROAD, APPROXIMATELY 2,000 ) FEET WEST OF EAGEL ROAD, ) AND APPROXIMATELY 2,300 ) FEET EAST OF NOLA ROAD IN ) SECTION 8, TOWNSHIP 3 NORTH, ) RANGE 1 EAST, MERIDIAN, ) IDAHO ) Case No. AZ-04-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING EQUITY BENEFITS, LLC, APPLICANT The above entitled annexation and zoning application having come on for public hearing on April 6, 2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, and Brandon Wolfe, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-001) PAGE 1 OF 15 Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan ofthe City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 0.56 acres in size and is located on the north side of Franklin Road, approximately 2,000 feet west of Eagle Road, and approximately 2,300 feet east of Nola Road, in Section 8, Township 3 North, Range 1 East, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owner ofrecord of the subject property is Equity Benefits, LLC, and Vince Covino, a managing member, has submitted notarized consent for the subject application. Applicant is Equity Benefits, LLC. 5. The property is presently zoned RUT (Ada County) and has an existing residence with other outbuildings. 6. The Applicant requests the property be zoned as CoG (General Retail and Service Commercial District). 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian, and the entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the 2002 Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-001) PAGE 2 OF 15 8. The Applicant has requested the annexation and zoning of an existing 0.56 acres lot in Ada County to the City of Meridian to develop the subject property in the following manner: conversion ofthe existing residence into a Class "A" Office. 9. The Applicant requests zoning ofthe subject real property to CoG (General Retail and Service Commercial) which is consistent with the Meridian Comprehensive Plan Future Land Use Map, which designates the subject property as "Commercial." 10. There are no significant or scenic features of major importance that affect the consideration of this application. 11. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. The submitted legal description meets the requirements ofthe City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. 3. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the property owner(s). The DA shall require that: . The existing residential use be abandoned upon annexation and zoning. . A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning and Zoning Department within 30 days of annexation into the City. The applicant shall be required to extend water and sanitary sewer mains to provide service. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-O01) PAGE 3 OF 15 . Prior to issuance of a Certificate of Zoning Compliance (CZC), fire hydrant spacing per the International Fire Code (within 250-feet of the centerline of the driveway) shall be provided. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Any other conditions desired by the Commission and Council. . Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. OTHER AGENCYillEPARTMENT COMMENTSICONDITIONS MERIDIAN FIRE DEPARTMENT COMMENTS/CONDITIONS (AZ-O4-00IJ 5. 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. b. c. d. e. f. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-001) 2. Provide fire hydrant spacing per the International Fire Code (within 250-feet of the centerline of the driveway). Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. a. Fire Hydrants shall have the 4 Y>" outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works specs. Locations with fire hydrants shall have the curb painted red I 0' to each side of the hydrant location. Fire Hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. PAGE4 OF 15 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed &om adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC Il-l2-3.C, and the National Safety Foundation publications. SANITARY SERVICE CO. COMMENTSICONDITIONS 1. Design the trash enclosure(s) per the standard recommendations of SSC for access, gates, floorlpad, container stopslbumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance (CZC) for the project. 12. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial." In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to 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. It is found that the requested CoG zoning generally conforms to this stated purpose and intent of the Commercial designation. The following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan are applicable to this application: . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-00 1) PAGE5 OF 15 . "Permit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) . "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) 13. It is not anticipated that the applicant intends to rezone the subject property in the future. 14. It is found that in the applicant's submittal letter, it is stated thatthe subject property is intended to be used for office purposes. It is found that professional offices are allowed in the proposed CoG zone and therefore would not require a conditional use permit. 15. The general vicinity of this project is experiencing a rapid change from vacant industrial/agricultural and low-density residential uses to commercial/urban type development. There is an apartment complex being constructed approximately 400 feet west of the site, and a mixed-use commercial development just west of that. There is commercial and office zoning at the Franklin Road and Eagle Road intersection, and industrial zoning to the north and east ofthis site. Franklin Road is currently being widened to a five-lane roadway. It is found that annexation and zoning of this site to CoG would be compatible with other land use and facility changes in the area. 16. The existing single-family home on the subject property is designated by the applicant as an office use. A detailed review of the project site will need to be completed upon submission of a Certificate of Zoning Compliance (CZC). It is found that an office use, and any other officelcommercial use, if designed, constructed and operated in accordance with adopted city FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-001) PAGE 6 OF 15 ordinances, through a future CZC application(s), should be harmonious and appropriate in appearance with the existing and intended character of the vicinity. 17. It is found that the use of this site for commercialloffice purposes will not be hazardous or disturbing to existing or future neighboring uses is all development and landscaping ordinances are exercised. 18. It is found that the current widening of Franklin Road, and the extension of Locust Grove Road, in this area should be adequate to serve this sitelarea for several years to come. City of Meridian's sanitary sewer and water systems do not currently service the subject site. New water and sewer mains are being installed as part ofthe Franklin Road rebuild project. The plans call for a new 4-inch diameter sewer service and a 2-inch water service to the subject property. On February 13, 2004, a joint agencyldepartment comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as the fire hydrants near this site are not located in accordance with the International Fire Code, see Meridian Fire Department's comments in number 11 above. The applicant has not indicated, on the submitted site plan, where the refuse container(s) will be located. The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSe). Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. It is found that the property proposed for annexation can be served adequately by all essential public facilities and services. 19. It is found that the annexation and zoning of this site will not cause excessive FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-001) PAGE 7 OF 15 additional requirements at public cost. Other required site improvements will be funded and constructed by the developer through the CZC process. It is also found that the annexation and zoning of this site to CoG will not be detrimental to the community's economic welfare. 20. It is found that several of the allowed uses in the CoG zone may involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. It is also found that an officelcommercial type use will create additional traffic on adjacent arterial roads. Further, the parking and maneuvering of cars on the site may generate additional noise for surrounding properties. However, it is not believed that the additional noise should be excessive. It is not anticipated an office use will create excessive smoke, fumes, glare, or odors that will be detrimental to any person, property or the general welfare of the area. To ensure this finding, the applicant shall enter into a Development Agreement that establishes use parameters that would prevent detrimental effects. 21. The number of vehicular access points to Franklin Road should be restricted and comply with ACHD policies in order to preserve the capacity and movement on these roadways at build-out. If a vehicular approach is approved to the site that is designed and constructed in accordance with ACHD policies, it is found that the approach will not create an interference with traffic on the surrounding public street(s). Review of the ACHD comments will provide additional information. 22. There are no natural or scenic feature( s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-001) PAGE 8 OF 15 23. It is found that the annexation of this property would be in the best interest of the City for the following reasons: . increased officelcommercialland base availability; . increased property tax revenue; . municipal services are available to the area; and . the application substantially complies with the Comprehensive Plan. 24. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 11, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 25. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-001) PAGE 9 OF 15 Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Chapter VII, Goal IV, Objective D, Action item 2 Chapter VII, Goal IV, Objective D, Action item 4 Chapter IV, Goal 1, Objective A, Action item 6 Chapter VII, Goal I, Objective B, Action item 5 Chapter V, Goal III, Objective D, Action item 5 5. The zoning of (C-G) General Retail and Service Commercial is defined in the Zoning Ordinance at § 11-7-2 K as follows: (C-G) General Retail and Service Commercial District: The purpose of the CoG District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The Citv ofIdaho Falls, 105 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-001) PAGE 10 OF 15 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 0.56 acres to C- G (General Retail and Service Commercial) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 0.56 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-001) PAGE110F15 with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. The submitted legal description meets the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. 3. All future development ofthe subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the property owner(s). The DA shall require that: . The existing residential use be abandoned upon annexation and zoning. . A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning and Zoning Department within 30 days of annexation into the City. The applicant shall be required to extend water and sanitary sewer mains to provide service. Prior to issuance ofa Certificate of Zoning Compliance (CZC), fire hydrant spacing per the International Fire Code (within 250-feet of the centerline of the driveway) shall be provided. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Any other conditions desired by the Commission and Council. . . . 5. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. OTHER AGENCYIDEPARTMENT COMMENTSICONDITIONS MERIDIAN FIRE DEPARTMENT COMMENTS/CONDITIONS (AZ-O4-00n 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Provide fire hydrant spacing per the International Fire Code (within 250-feet ofthe centerline of the driveway). Commercial and office occupancies will require a fire- flow consistent with the Uniform Fire Code to service the proposed project. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-00 1) PAGE 12 OF 15 b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specs. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Any activity involving the use or storage offlarnmable or explosive materials shall be protected by adequate firefighting and fife-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 11-12-3.C, and the National Safety Foundation publications. SANITARY SERVICE CO. COMMENTS/CONDITIONS 1. Design the trash enc1osure(s) per the standard recommendations ofSSC for access, gates, floorlpad, container stopslbumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance (CZC) for the project. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-G) General Retail and Service Commercial District, and Meridian City Code § 11- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-001) PAGE 13 OF 15 7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision 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. By action of the City Council at its regular meeting held on the Z7-tf1 day of J1¡;w,'¿ ,2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-04-001) PAGE 14 OF 15 COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 4--2-7-(74- MOTION: APPROVED:+- DISAPPROVED:- VOTED -*-a..." Attest: Dated: B~k~r¡v City Clerk Z:\ WorklM\MeridianlMeridian 1 5360MlEquity Benefits AZ-Q4-00 1 \AZFICI&Ordeuloc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR EQUITY BENEFITS, LLC - (AZ-O4-001) PAGE 15 OF 15