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HomeMy WebLinkAboutMeridian Business Park RZ-00-006BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 12-19-00 IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 7.14 ACRES FOR PROPOSED MERIDIAN BUSINESS PARK LOCATED IN MERIDIAN BUSINESS PARK, NORTH OF FRANKLIN ROAD WEST OF NORTH BALTIC PLACE, MERIDIAN, IDAHO DONALD R. ASBELL, Applicant. Case No: RZ-00-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 7.14 acres having come on for public hearing on December 19, 2000, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator,~ appeared and testified, and appearing and testifying on behalf of the Applicant was Dave Williams, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, 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, Decision and Order: ' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-O06) - 1 FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for December 19, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 19, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title ! 1 and Title 12, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 2 and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 -- January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 7.14 acres in size. The property is generally located in the Meridian Business Park, north of Franklin Road west of North Baltic Place, in Meridian, Idaho, and is described as follows: PARCEL A: A parcel of land being all of Lots 1, 8, 9, 20, 21, 22 and 23, and a portion of Lot 2 and 19, Block 3, Meridian Business Park, as recorded in the official records of Ada County, Idaho, and a portion of Southwest 1/4 of the Southeast 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho; thence South 89046'06'' West a distance of 1642.19 feet along the south boundary of said Section 7 to a point marking the centerline intersection of North Baltic Place and East Franklin Road, said point being the TRUE POINT OF BEGINNING; thence South 89046'06'' West a distance of 678.93 feet along said south boundary of said Section 7 and centerline of East Franklin Road to a point on the southerly extension of the west boundary of Lot 20, Block 3 of Meridian Business Park; thence North 00°31'04" East a distance of 213.13 feet along said west boundary of Lot 20; thence leaving said west boundary North 15008'34'' West a distance of 176.29 feet to a point on the south boundary of Lot 9; thence North 89047'03'' West a distance of 12.50 feet along the south boundary of Lot 9 to the southwest corner of said Lot 9; thence North 00°31'11" East a distance of 261.85 feet along the west boundary of said Lot 9 and the northerly extension thereof to a point lying on the centerline of East ICing Street; thence South 89°50'10" East a distance of 200.00 feet along the centerline of said East ICing Street; thence South 00°31'11" West a distance of 262.03 feet along the east boundary of Lot 8 and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-O0-006) - 3 northerly extension thereof to the southeast corner of said Lot 8; thence South 89o47'03'' East a distance of 261.32 feet along the north boundary of Lots 20, 23 and 2 of Block 3; thence South 00°31'04" West a distance of 148.08 feet; thence South 89047'03'' East a distance of 277.65 feet to a point on the centerline of North Baltic Place; thence South 00°31'04" West a distance of 229.82 feet along said centerline to the POINT OF BEGINNING. PARCEL B: Said parcel contains 273,662 square feet or 6.28 acres, more or less. A parcel of land being all of Lot 18, Block 3, Meridian Business Park, as recorded in the official records of Ada County, Idaho, and a portion of Southwest 1/4 of the Southeast 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho; thence South 89046'06" West a distance of 1642.19 feet along the south boundary of said Section 7 to a point marldng the centefline intersection of North Baltic Place and East Franldin Road, thence South 89o46'06'' West a distance of 708.93 feet along the south boundary of said Section 7 to a point marking the TRUE POINT OF BEGINNING; thence South 89o46'06'' West a distance of 174.11 feet along said south boundary of said Section 7 and centefline of East Franldin Road to a point on the southerly extension of the west boundary of Lot 18, Block 3 of Meridian Business Park; thence North 00°31'11" East a distance of 214.79 feet along said west boundary of Lot 18; thence leaving said west boundary to, the northwest corner of said Lot 18; thence South 89047'03" East a distance of 174.09 feet along the north boundary of said Lot 18 to the northeast corner thereof; thence South 00°31'04" West a distance of 213.43 feet along the east boundary and the southerly extension of the east boundary of said Lot 18 to the POINT OF BEGINNING. Said parcel contains 37,276 square feet or 0.86 acres, more or less. 5. The owner of record of the subject property is Donald R. and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .7.14 ACRES FROM I-L TO R-8 BY: DON ASBE~L / (RZ-00-006) - 4 Annette Asbell, of Eagle, Idaho. 6. The Applicant is owner of record. 7. The property is presently zoned as I-L, and is partly vacant and six lots have been fully developed. 8: The Applicant requests the property be rezoned to C-G. 9. The proposed site is surrounded by industrial office/warehouse buildings and vacant lots zoned I-L to the north, Meridian Cemetery zoned RT to the south, R-4 residential subdivision to the east and Meridian Fire Station zoned L-O to the west. 10. The subject property is within city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: increase the leasable/sellable square footage of office and retail space beyond what the I-L zone currently allows. 13. The Applicant's requested rezoning of the subject real property as C-G is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. There are no significant or scenic features of major importance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 5 that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code § 11-15-1 lfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area induded in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) ~ 6 be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 15.2.1 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 15.2.2 Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of undeveloped lots. 15.2.3 Outside lighting shall be designed and placed in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 15.2.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 15.2.5 Sanitary sewer service to Lots 18 and 21, Block 3, is questionable. Applicant shall provide the Public Works Department with an engineering plan demonstrating FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 7 serviceability from these two lots to existing services with submission of building permit applications on these two lots. 15.2.6 15.2.7 15.2.8 15.2.9 15.2.10 15.2.11 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. All construction shall conform to the requirements of the Americans with Disabilities Act. At the time of building permit submissions for Lots 18'and 21, Block 3, the Applicant and/or current property owner at the time shall submit evidence to the Planning and Zoning Department that the required amount of ACHD 'right-of-way dedication (48 feet) for the Franklin Road expansion is complete. There are three (3) existing office/warehouse buildings within the boundaries of this rezone application. The floor area-to-parking ratios for these existing buildings are: Thomas Bldg., Phase II Asbell Bldg. # 1 Asbell Bldg. #4 Bldg. square footage Existing Parking Count Required Parking for 100% Office Use (1:400) 30,000 14,000 20,000 100 stalls 28 stalls 67 stalls 75 stalls 35 stalls 50 stalls FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-O0-O06) - 8 Required Parldng for 100% Retail Use (1:200) 150 stalls 70 stalls 100 stalls Based on the above figures, the Thomas Building and Asbell Building #4 shall meet the minimum number of required parMng for a 100% office occupancy. However, Asbell Building # 1 shall not be permitted a full office occupancy and none of the existing buildings shall be permitted a full retail occupancy. These use ratios shall be monitored by the Planning & Zoning Department on a tenant improvement, application-by-application basis. 16. The legal description of the property that is the subject of this application is on file with the City Clerk's office. CONCLUSIONS OF LAW The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 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 Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. The requested zoning of Limited Office District, (L-O) 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 C-G 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-O0-O06) - 9 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. 4. Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code § 67-651 lA provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. § 11-6-1 ZONING DISTRICT MAP provides in part as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 10 follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of- Way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of:way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning MaP. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main traclcs of said railroad line. § 11-15-1 lof the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 11 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 12 8.11 8.12 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 37.64 acres for construction and development of a planned commercial development is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9- 1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 2.2 Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of undeveloped lots. 2.3 Outside lighting shall be designed and placed in " accordance with City Ordinance Sections 11-13-4.C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-O0-O06) - 13 and 12-5-2.M. 2.4 2.5 2.6 2.7 2.8 2.9 2.10 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Sanitary sewer service to Lots 18 and 21, Block 3, is questionable. Applicant shall provide the Public Works Department with an engineering plan demonstrating serviceability from these two lots to existing services with submission of building permit applications on these two lots. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91 ) for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. All construction shall conform to the requirements of the Americans with Disabilities Act. At the time of building permit submissions for Lots 18 and 21, Block 3, the Applicant and/or current property owner at the time shall submit evidence to the Planning and Zoning Department that the required amount of ACHD right-of-way dedication (48 feet) for the Franldin Road expansion is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 14 2.11 complete. There are three (3) existing office/warehouse buildings within the boundaries of this rezone application. The floor area-to-parking ratios for these existing buildings are: Thomas Bldg., Phase II Asbell Bldg. #1 Asbell Bldg. #4 Bldg. square footage Existing Parking Count Required Parldng for 100% Office Use (1:400) Required Parldng for 100% Retail Use (1:200) 30,000 14,000 20,000 100 stalls 28 stalls 67 stalls 75 stalls 35 stalls 50 stalls 150 stalls 70 stalls 100 stalls Based on the above figures, the Thomas Building and Asbell Building #4 shall meet the minimum number of required parldng for a 100% office occupancy. However, Asbell Building # 1 shall not be permitted a full office occupancy and none of the existing buildings shall be permitted a full retail occupancy. These use ratios shall be monitored by the Planning & Zoning Department on a tenant improvement, application-by-application basis. The City Attorney shall prepare for consideration by the City Council the appropriate 'ordinance for the re-designation of the zoning for the real property which is the subject of the application to (C-G) General Retail and Service Commercial District (Meridian City Code § 11-7-2 K) which ordinance shall be considered for Passage. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-O06) - 15 prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance, or denial of the rezoning 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 of ~7-~ Cc,~'j~ ,2001. day ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCIL PERSON TAMMY deWEERD VOTED COUNCIL PERSON CHERIE McCANDLESS VOTED MAYOR ROBERT CORRIE (TIE BREAKER) VOTED DATED: /--,~ - L9 / FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-O0-006) - 16 MOTION: APPROVED:_~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk ' ms~Z:~Work~eridian~eridian 15360~SBELL-~OO6~fsClsOrder~Z FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-O0-O06) - 17