HomeMy WebLinkAboutWest Carol Street AZ-05-032
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 0.56 Acres from R6 (Ada County)
to L-O (Limited Office Djstrict)~ by James & Carrie Jewett
Case No(s): AZ-05-032
For the City Council Hearing Date of: August 23rd, September 13th and September 2ih, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to propeliy owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with ldaho Code g67-
6509.
The matter was duly considered by the City Council at the August 23, 2005,
September 13,2005, and September 27,2005, public hearing(s). The applicant,
affected property owners, and government subdivisions providing services within
the planning jurisdiction of the City of Meridian were given full oppOliunity to
express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
oftlle City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing on July 2] , 2005
and issued a wlitten recommendation on the subject matter to the City Council.
d, The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compl1ance with all notice and hearing requirements set forth in
Idaho Code S67-6509, 6512, and Meridian City Code gg 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ-05-032. PAGE] of4
a, In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings are J.ames & Carrie Jewett.
4, Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit D for the findings required for this application.
B. Conclusions of Law
1. The City of Meridian shaH exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. S67-
6503),
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
cun'ent zoning maps thereof. The City of Meridian has I by ordinance, established the
Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3, The conditions shall be reviewable by the City Council pursuant to Meridian City Code
S 11-17-9.
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 and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site
Plan and Exterior Elevations as shown in Exhibit B, and the Annexation and Zoning
Comments as shown in Exhibit C. 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 S 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CAS E NO(S). AZ-05-032- PAGE 2 of 4
1. The applicant's Conceptual Site Plan as evidenced by having submitted the
Conceptual Site Plan dated June 9, 2005 are hereby conditionally approved;
2. The applicant's Exterior Elevations as evidenced by having submitted the Exterior
Elevations prepared by Parametrik FX, dated September 9, 2005; and,
3. The Anllexatioil and Zoning Comments are as shown in Exhibit C.
D, Notice of Final Action and Right to Regulatory Takings Analysis
1. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has
an interest in real propelty which may be adversely affected by the issuance or denial of
the conditional use permit approval 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. Exhibits
Exhibit A: Legal Description
Exhibit B: Conceptual Site Plan and Exterior Elevations
Exhibit C: Annexation and Zoning Comments
Exhibit D: Zoning Amendment Findings
By action of the City Council at its regular meeting held on the
&ch ~ ,2005.
II-I'!;;.. day of
COUNCIL MEMBER SHAUN WARDLE VOTED ~
COUNCIL MEMBER CHRISTINE DONNELL VOTED 1l6J4-d-
COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~
COUNCIL MEMBER KEITH BIRD VOTED ~
--
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-032- PAGE 3 of 4
SEAL
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Copy served upon Applicant, The Planning a6:'d/~1gep\>w-1i'ent, Public Works Depm1ment
1t"""Ji 111\1\'\"
Attest:
and City Attorney.
By: I %011 ih \rnd:iq
City clerk's Office
10-/1-05"
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-032- PAGE 4 of 4
EXHIBIT A
Carol Street Professional Office Annexation
AZ-05-032
Legal Description
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Land Surveying, fne.
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TOI'OGRAl'HIC ANn A I .f A
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CONSIHLi.TIO:>1's'lAKJNG
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1121 E. state Street . Suite HIS . Eagle, Idqno 63616 . office: HWB.939'7373 . fox: 1.208,939.7321
Job No, OSS92
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6-8.05
LEGAL DESCRIPTION
FOR
J 1M JEWETT
Annexation Boundary
Pun of 1.0\ 8. Block 'I of Dori~ Subdivi~ion localed in the S<)uthcast 1/4 of Section 6.
Townshifl J North, Runge I East of the BOise Meridian, Ada County, Tdaho descrihed as:
Commencing the Southeast comer of Seclion 6, TQ\VJlship 3 North, Range I Easl of the
Boise Meridian, Ada County, Idaho and running thence NOOQOO'01"W 452.21 fcclalollg
Ihl' Enst line of said Seclion to tlte Point of Beginning (said point being, at the Intersection
of West Cnrol Drive and South Locust Grove); thence N89D59' 11 "W 220.22 feet along
the centerline of West Carol Drive; thence NOooOO'17"E 110.62 feetto point on the \l/esl
line ofLol S, Block 4 off)oris Subdivision; thence S89Q59'22"E 220.21 [eetlo n poim on
the Ea$lline of silid Scclion; thence 800000'0 I "E ] 10.63 fccl along said East line 10 the
point ufhcgilluing.
Parcel contains 24360 SqU,lfC feet or 0.56 acres.
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EXHIBIT B
Carol Street Professional Office Annexation
AZ-05-032
Conceptual Site}>hln alldI!:xteriorE.le,,~t~()ns
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EXHIBIT C
Carol Street Professional Office Annexation
AZ-05-032
Annexation and Zoning Comments
ANEXATION & ZONING FACTS AND COMMENTS
1, The subject property is within the Urban Services Planning Area. The legal
description submitted with the application (dated 6-9-05, stamped by Dan-en R.
Leavitt) shows the property as contiguous to the existing corporate boundary of
the City of Meridian. The Public Works Department has confirmed that the
submitted legal description meets the requirements of the City of Meridian and
the Idaho State Tax Commission.
2. Any future subdivision and/or development of this propelty shall comply with the
City of Meridian ordinances in effect at the time.
3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall
be entered into between the City of Melidian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact the
City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall
incorporate the following:
II That no alterations, expansions, reconstructions or other enlargements to the
existing single-family structure will be permitted except through a Certificate
of Zoning Compliance (CZC) and except where 1) the use of the structure
changes to a use consistent with this Development Agreement and 2) the
structure shall meet all applicable development standards such as setbacks,
frontage, height, etc. of the L-O zone.
" That no building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established or
changed in use without a Certificate of Zoning Compliance (CZC).
II That all future uses shall 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,
" That the following shall be the only allowed uses on this propeliy:
professional and sales offices, personal or professional services, clinics
(medical, dental and optical), and health care or social services. As the only
exception to the uses specifically allowed by Resolution 04-454, the applicant
may apply for a Conditional Use Pennit to operate a child care facility on this
propelty in the future,
\II That the hours of operation shall be limited to 6 a.m. to 10 p.m., unless
otherwise modified through a future Conditional Use Permit.
€> That any new structure(s) (or remodel of existing structure(s)) shall be
C8rol Street Professional Office AIlncx8tioll Exhibit C
generally compatible in appearance and bulk with the sun-ouuding residential
propeliies, as determined by the Planning Director or otherwise approved
through a Conditional Use Permit. Furthe,,- the design and construction
materials used on remodeling the existing home into a commercial
building shall substantially comply with the Exterio,' Elevations prepared
by Parametrik FX on 09-21-05 and the DBC.
. That the existing shop be allowed to remain as a non-conforming structure.
. That the City has approved alternative compliance for the landscaping
adjacent to the west and north propelty lines, The landscape buffer to the west
shall be reduced to approximately five feet adjacent to the shop and to ten feet
adjacent to the proposed parking stalls. The landscape buffer to the n011h shall
be reduced to -l4 10 feet-,- adjacent to the eKisting shop, and shall be 20 feet
'.'"ide in ull other locations. If the existing shop is removed, then a full 20-foot
wide landscape buffer shall be required along the west property line.
Landscape materials along the buffers to the north and west shall be in accord
with MCC 12-13-12-3, and as proposed by the applicant on the landscape plan
labeled Ll.O, prepared by The Land GroUP, Inc., dated 6-9-05.
G That the applicant agrees to construct a 6-foot tall vinyl privacy fence along
the n011h and '.vest property lines, as proposed. That the applicant agrees to
construct a 7-foot tall cinder wall on the west property line.
. That vehicular access to this site shall be restricted to those approved by
ACHD and the City. No vehicular access to Locust Grove Road is approved.
. Provide a vehicular cross-access easement to the property to the 11011h.
Carol Street Professional Office Annexation Exhibit C
EXHIBIT D
Carol Street Professional Office Annexation
AZ-05~032
Zoning Amendment Findings
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15-11, General Standards Applicable to Zoning
Amendments, both the P&Z Commission and Council are required "to review the
pmiicular 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."
The following is the list of standards found in 11-15-11 and analysis:
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
As noted in the summary above, the 2002 Comprehensive Plan Future Land Use
Map designates the subject property as "Low Density Residential", The purpose
of a low density residential designation is to allow for the development of single-
family homes on large lots where urban services are provided, Uses may include
single-family homes at densities oftlu'ee dwelling units or less per acre (Page 95,
Chapter VII, 2002 Comprehensive Plan).
The City recently approved Resolution No. 04-454, which amended Chapter VII,
Section 1, of the Comprehensive Plan to include the following language: "At the
discretion of City Council, areas with a Residential Comprehensive Plan
designation may request office uses if the property has frontage on an mierial
street or a section line road and is 3 acres in size or less in size. In this instance,
no ancillary commercial uses shall be pennitted." City Council finds that the
subject property has frontage on Locust Grove Road, an arterial street, and is less
than 3 acres in size (0.56 acres total).
Because the property is less than 3-acres in size, is located on an arterial street,
and has existing commercial uses around it, City Council believes that a
residential use of the property may not be the best use of the land. City Council
believes that an office zone and use on the subject property is appropriate as the
request is consistent with the intent of Resolution No. 04~454. Please see the
following facts and circumstances and the Special Considerations below for
further analysis of the proposed zoning designation and anticipated office use.
Carol Street Professional Office Annexation Exhibit D
City Council finds the following Goals, Objectives, and Action items contained in
the 2002 Comprehensive Plan to be applicable to this application (analysis is in
italics below policy):
o "Restrict curb cuts and access points on collectors and arterial streets."
(Chapter VII, Goal IV, Objective D, Action item 2)
On the submitted plan, the applicant is proposing a single access to Carol
Street. No access to Locust Grove Road, an arterial street, is proposed.
G "Require appropriate landscape and buffers along transportation corridors
(setback, vegetation, low walls, bel1l1s, etc.)." (Chapter VII, Goal IV,
Objective D, Action item 4)
Locust Grove Road is designated as an arterial street. By City Ordinance, a
25-foot wide landscape buffer is required adjacent to Locust Grove Road
(MCC 12-13-10-4), Landscape buffers will be required by the City with
Certificate of Zoning Compliance (CZC) approval.
o "Require all commercial businesses to install and maintain landscaping."
(Chapter V, Goal III, Objective D, Action item 5)
The applicant has shown both internal and perimeter landscaping on the
submitted plans. The applicant is requesting alternative compliance for the
required landscape briffers adjacent to the single-family homes to the north
and west. Prior to occupancy of the buildings on this site for office uses, the
applicant will be required to construct internal and perimeter landscaping in
accordance with City Ordinances.
III "Permit new. . . commercial development only where urban services can be
reasonably provided at the time affinal approval and development is
contiguous to the City." (Chapter IV, Goal I, Obj. A, #6)
This parcel is contiguous to the city via the Walgreen's site to the south and
Fred Meyer site to the east. Sanitmy sewer and water are available to this
parcel,
o "Plan for a variety of commercial and retail opportunities within the Impact
Area." (Chapter VII, Goal 1, Objective B)
City Council believes that the proposed zone, which allows office uses, does
contribute to the variety of uses in this area.
City Council finds that the new zoning to L-O should be harmonious with and in
accordance with the Comprehensive Plan, as amended by Resolution No. 04-454.
Carol Street Professional Office Annexation Exhibit D
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
ConcUlTent with the annexation and zoning application, the applicant has
submitted a site plan and a landscape plan. These plans depict the remodeled
office, a storage shop, parking, and landscaping improvements for this property.
City Council does not anticipate that the applicant plans to rezone the subject
property in the future if the subject annexation/zoning is approved, as the
anticipated office use is allowed in the requested L-Q zone, Please see Finding
"e"".
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
pel'mits;
City Council finds that professional offices, laboratories, libraries and medical
clinics would be pennitted uses within the requested L-Q zone. However, there
are several uses in the requested L-Q zone that can occur with conditional use
permit approval. City Council is concerned that this site may turn into a
commercial retail site, and is recommending that the City limit the uses that can
operate on the site.
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
This area has seen many recent changes, Most notably, Office Jet Subdivision,
which is less than '4 of a mile to the north of the subject site on Locust Grove
Road, Office buildings have recently been constructed within Office Jet
Subdivision. Locust Grove Road is currently improved to five lanes. Carol Street
has curb, gutter and sidewalk on the south side of the street (adjacent to
Walgreen's). These factors contribute to recommending that this area should be
rezoned.
E. Will the proposed uses 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;
The applicant will be required to re-construct, operate and maintain the office
building(s) in accordance with City Code. Although this area was intended for
residential uses when the 2002 Comprehensive Plan was adopted, City Council
finds that an office zone also complies with what is intended for this intersection,
as Resolution No. 04-454 allows the City Council to consider office uses in this
Carol Street Professional Office Annexation Exhibit D
location, City Council finds that the design of the submitted layout could be
harmonious with the adjacent properties if adequate landscaping/screening is
provided, City Council further finds that the proposed office zone/use will change
the existing character ofthe area, but that the proposed zone and future use should
be hal111onious and appropriate in appearance with the character of the overall
area. City Council finds that any future uses, if designed, constructed and
operated in accordance with adopted city ordinances, should be harmonious and
appropriate in appearance with the intended character ofthe vicinity.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
City Council finds that the use of this site for professional offices should not be
hazardous or disturbing to existing or future neighboring uses if the applicant
enters into a development agreement with the City and all development and
landscaping ordinances are exercised. Commercial (office) vehicular access to
this site could cause a potential disturbance to existing and/or future residential
uses in this area. The 2002 Comprehensive Plan Future Land Use Map designates
the prope11ies to the north and west as low density uses and this office lot would
take access to a primarily residential street, Carol Street. City Council does not
believe that this office will generate a significant amount of traffic. However, City
Council has received several letters and phone calls from nearby property owners
stating that an office use on this property will be disturbing. Some of the
neighbors have stated that getting into and out of the subdivision is very difficult.
Due to the location of the Walgreen's driveway, the Fred Meyer driveway and
cars stacking up at the Locust Grove/Fairview intersection, access to Carol Street
has become difficult for the residents in this area, Therefore, in addition to staff's
analysis, the Commission and Council should rely on public testimony (oral and
written) to detennine whether or not the potential disturbance of allowing a
commercial access int%ut of this site will substantially affect the existing or
future neighboring uses.
G. Will the area 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;
Sanitary sewer is available in N. Locust Grove Road and has already been stubbed
into W. Carol Street which abuts the southern boundary of this property.
The applicant and/or future propeIiy owners will be required to pay any
applicable park and highway impact fees as well as construct on-site storm water
drainage facilities.
Carol Street Professional Office Annexation Exhibit D
On July 1, 2005, a joint agency and department comments meeting was held with
representatives of key service providers to this property. Based on the joint
meeting and other comments received from agencies and departments, City
Council finds that the public services listed above can be made available to
accommodate the proposed development. The Commission and Council should
reference any written and/or verbal testimony submitted by any public service
provider, regarding their ability to adequately service this project.
H. 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;
If approved, the developer will be financing the extension of sewer, water, local
street infrastructure, utilities and iiTigation services to serve the project. Other
required site improvements will be funded and constructed by the developer
through the CZC approval process. The primary public costs to serve the future
uses will be fire and police facilities and services. City Council finds there will
not be excessive additional requirements at public cost and that the proposed
zoning and subsequent development will not be detrimental to the community's
economic welfare.
I. 'Vill the proposed uses 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;
The purpose of the L-Q zone is to "penuit the establishment of groupings of
professional, research, executive, administrative, accounting, clerical,
stenographic, public service and similar uses.. .shall not involve heavy testing
operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions of a nature offensive to the overall purpose of this
District." (MCCll-7-2.G) As such, City Council does not anticipate future uses
will create smoke, fumes, glare, or odors that will be detrimental to the general
welfare of persons or property in the area. City Council does not anticipate the
proposed annexation and subsequent use(s) will create excessive noise, smoke,
fumes, glare, or odors. City Council finds that the proposed office zoning/use
should not be detrimental to people, property or the general welfare of the area.
lfthe subject annexation and zoning application is approved I the applicant intends
to remodel the existing home into an office. City Council finds that any future
uses on this site will generate additional traffic on adjacent roadways above and
beyond what the existing residence generates. City Council recognizes that traffic
and noise will increase with the approval of this development; however, do to the
smaller size of the site City Council does not believe that the amount generated
will be detrimental to the general welfare of the public. However, the City has
received several letters from home owners in this area, some stating that the
Carol Street Professional Office Annexation Exhibit D
proposed use may be detrimental to persons, property and/or their general
welfare, In addition to staffs analysis, the Commission and Council should rely
on any and all public testimony (oral and written) provided when determining this
finding.
MCC 11-16-4 provides the P&Z Commission and City Council the authority to
require a property owner to enter into a Development Agreement with the City of
Meridian that may require some written commitment for all future uses to more
fully comply with this finding. Due to the close proximity of the existing
residential uses, City Council believes that a Development Agreement is
necessary to ensure that the purpose of the L-O zone is maintained, Please see
Annexation & Zoning Facts and Comments.
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
This parcel has approximately 100 feet of fi'ontage on Locust Grove Road. Any
driveway to the site from Locust Grove Road would be close to the Carol
Street/Locust Grove Road intersection. Therefore, the applicant is proposing a
driveway approach to Carol Street and not Locust Grove Road. ACHD considers
access points in their analysis of development applications and their staff is
recommending approval of the proposed vehicular approach. City Council
believes that the proposed uses (and access) should not be hazardous to
neighboring uses or traffic flows. The Commission and Council rely on public
testimonYl ACHD City Council, and City staffs analysis when detennining
whether or not the proposed vehicular approach to Carol Street will create an
interference with traffic on surrounding public streets.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council is unaware of any natural or scenic features of major importance on
this site and finds that no natural or scenic features of major importance will be
lost or damaged by approving the annexation and zoning application. Any
existing trees larger than 4" caliper that are removed shall be mitigated for, as
detennined by the City Arborist.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)"
The legal description submitted with the application, prepared by Anow Land
Surveying, Inc., shows that the property is contiguous to the existing corporate
boundary of the City of Meridian. The land directly south and east ofthe subject
property has previously been annexed into the City and this is a logical expansion
oftlle City boundary. The applicant is proposing to develop the land in substantial
Carol Street Professional Office Annexation Exhibit D
compliance with the City's Comprehensive Plan. In accordance with the findings
listed above, City Council finds that the annexation and zoning. of this property
would be in the best interest of the City. NOTE: City Council has included
Development Agreement stipulations for annexation and zoning of this property.
Carol Street Professional Office Annexation Exhibit D