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HomeMy WebLinkAboutComfort Suites AZ 03-007BEFORE THE MERIDIAN CITY COUNCIL C/C OS-06-03 IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 2.22 ACRES FOR PROPOSED COMFORT SUITES, LOCATED ON THE NORTH-EAST CORNER OF S. WELLS STREET AND FREEWAY DRIVE, MERIDIAN, IDAHO Case No. AZ-03-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KANTI PATEL, APPLICANT The above entitled annexation and zoning application having come on for public hearing on May 6, 2003, at the hour of 7:00 p.m., and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Rocky Toll, appeazed 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 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. 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 1 OF 15 and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 2.22 acres in size and is located on the north-east corner of S. Wells Street and Freeway Drive, Meridian, 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 owners of record of the subject property are James and Diane Fuhrman, 1737 E. Summerfalls Drive, Meridian, Idaho 83642. Applicant is Kanti Patel, 2600 Fairview Avenue, Boise, Idaho. 5. The property is presently zoned RUT (Ada County), and consists of vacant land. The Applicant requests the property be zoned as C-G (General Retail and Service Commercial). The subject property is bordered to the north and west by rural residentiaUagricultural properties (zoned RUT, Ada County), to the south by I-84 (zoned I-L), and to the east by rural residential/agricultural property (zoned RUT, Ada County), and a hotel and office subdivision (zoned C-G). The Applicant proposed to develop the subject property in the following manner: Motel. 9. The Applicant requests zoning of the subject real property as C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 2 OF 15 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 Recommendations of the Meridian Planning & Zoning Department as follows: ANNEXATION AND ZONING CONDITIONS OF APPROVAL 1. 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 aze available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. 4. The submitted site plan is not approved, and may need to be modified to comply with the requirements of the MCC. B. Adopt the Recommendations of the ACHD as follows: Anticipated Site-Specific Conditions A. The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 3 OF 15 application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate an additional 2-feet ofright-of--way for Wells Street abutting the site and widen Wells Street abutting the site to one-half of a 40-foot street section and construct curb, gutter and 5-foot wide concrete sidewalk. 2. Dedicate an additional 2-feet ofright-of--way for Freeway Drive abutting the site and widen Freeway Drive abutting the site to one-half of a 40-foot street section and construct curb, gutter and 5-foot wide concrete sidewalk. 3. Construct any driveways on Wells Street and Freeway Drive a minimum of 50-feet from the Wells Street/Freeway Drive intersection (measured near edge to near edge). Any driveways on Wells Street and Freeway Drive should be constructed to be a maximum of 36-feet wide. Pave any driveway(s) abutting public streets to their full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. 4. Pay an Extraordinary Impact Fee to the District for the site's proportionate shaze of the construction and right-of--way purchase of the St. Luke's Drive/Eagle Road intersection and extension. Said fee will be based on the expected trip generation rate for this site. The Extraordinary Impact Fee shall be $43.19 per trip. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five yeazs old aze not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 4 OF 15 Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two firll business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they aze in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada Comity Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/vaziance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the construction drawings. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDNISION (AZ-03-007) PAGE 5 OF 15 2. All corners will have to have 28' inside radius and 48' outside radius on all internal access roads. 3. The proposed building shall comply with the 1997 International Building Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. The water supply shall be provided before combustible construction begins. Final approval of fire hydrant locations shall by the Fire Department. 6. The external access roadways shall built to Ada County Highway Standards. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 UFC 902.2.1 The vertical clearance for the covered loading area shall be 13' 6". 12. It is found that the requested zoning designation of C-G will be harmonious with and in accordance with the effective Comprehensive Plan (`02) and Future Land Use Map, which designates the land to be "Commercial." 13. It is not anticipated that the applicant intends to rezone the subject property in the future. 14. It is found that the proposed motel will be a permitted use within the requested C-G zone, unless restricted by a Development Agreement. 15. It is found that a 92 unit Hampton Inn Hotel just to the east of the subject property in 2002 was approved. Furthermore, there isalready ahotel/motel constructed very close to the subject property. The visibility of the property from I-84 has helped to dictate how this azea is being developed in the present and how it will develop in the future. 16. It is found that the proposed use (motel) is required to be designed appropriately to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 6 OF 15 match with the intended commercial character of the general vicinity. Based on the submitted site plan, additional landscape buffers will be needed to decrease the impact of the project on the adjacent residential properties and the parking lot may need to be revised as well. A detailed review of the project will need to be completed upon submission of a Certificate of Zoning Compliance. 17. It is anticipated that there will be increased traffic generated by the proposed motel use and maybe considered disturbing or hazardous to the existing neighbors of the subject property. 18. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Review of the ACHD and Fire Department's comments concerning this annexation will provide further information regarding availability of necessary public services. 19. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 20. It is found that the proposed annexation and motel use will create additional traffic and noise that maybe detrimental to the general welfare of the surrounding residential area. As the rest of the properties surrounding this project develop the traffic issue will be reduced. Therefore, it is not felt that the amount of traffic generated will be detrimental to the public welfaze of the city. 21. It is found that the vehiculaz approaches off of S. Wells Drive will create new traffic on surrounding roads. However, it is not believed that the proposed motel's entrances will cause significant interference on the surrounding public streets. Review of ACHD's comments will show the vehicular approaches and traffic generation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 7 OF 15 22. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4"caliper that are removed shall be mitigated for, per the Landscape Ordinance. 23. It is found that the annexation of this property would be in the best interest of the City. 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 COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 8 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. 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: Goals 1 through 10, inclusive. 5. The zoning of General Retail and Service Commercial (C-G) is defined in the Zoning Ordinance at § 11-7-2 K as follows: (C-GJ General Retail and Service Commercial District: The purpose ofthe 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 hare auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-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 of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDNISION (AZ-03-007) PAGE 9 OF 15 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 andlor 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: The applicant's request for annexation and zoning of approximately 2.22 acres to General Retail and Service Commercial (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 2.22 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, 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 Ordmance No. 686. 3. Developer shall be required to met 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, with the City of Meridian, which provides for the following conditions of development, to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 10 OF 15 A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANNEXATION AND ZONING CONDITIONS OF APPROVAL 1. 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. 2. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. 4. The submitted site plan is not approved, and may need to be modified to comply with the requirements of the MCC. B. Adopt the Recommendations of the ACHD as follows: Anticipated Site-Specific Conditions A. The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate an additional 2-feet ofright-of--way for Wells Street abutting the site and widen Wells Street abutting the site to one-half of a 40-foot street section and construct curb, gutter and 5-foot wide concrete sidewalk. 2. Dedicate an additional 2-feet ofright-of--way for Freeway Drive abutting the site and widen Freeway Drive abutting the site to one-half of a 40-foot street section and construct curb, gutter and 5-foot wide concrete sidewalk. 3. Construct any driveways on Wells Street and Freeway Drive a minimum of 50- feet from the Wells Street/Freeway Drive intersection (measured near edge to near edge). Any driveways on Wells Street and Freeway Drive should be constructed to be a maximum of 36-feet wide. Pave any driveway(s) abutting public streets to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDNISION (AZ-03-007) PAGE 11 OF 15 their full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. Pay an Extraordinary Impact Fee to the District for the site's proportionate share of the construction and right-of--way purchase of the St. Luke's Drive/Eagle Road intersection and extension. Said fee will be based on the expected trip generation rate for this site. The Extraordinary Impact Fee shall be $43.19 per trip. 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 12 OF 15 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 3 87-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the construction drawings. 2. All comers will have to have 28' inside radius and 48' outside radius on all internal access roads. 3. The proposed building shall comply with the 1997 International Building Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. The water supply shall be provided before combustible construction begins. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The external access roadways shall built to Ada County Highway Standards. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 UFC 902.2.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 13 OF 15 7. The vertical cleazance for the covered loading area shall be 13' 6". 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- 7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundazies 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 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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 ~~h day of ~~ , 2003. ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDNISION (AZ-03-007) PAGE 14 OF 15 VOTED_~C~ VOTED COUNCILWOMAN CHERIE Mc LANDLESS VOTED QC>_, COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~- 2p-03 MOTION: APPROVED: X DISAPPROVED: - -_~,_ \,\1\\numni~r~ ~- Attest: ,`~~,~~,~ OF ~~''~.., lA,h'l,v/u~' O~f INrCeYCI ~~ C~' pµPQggr ~~ ~~2G\( i'r~~' ~ci~'iv~t ~'~' `°O (' S ~1'LCLI'17~r~ ~ SEAL ~_ William G. Berg, Jr., City Clerk ~ '" ~" '~~0,9 T rst • ~,ZQ ~~; ~~. ~O ~~~• Copy served upon Applicant, the Planniffgrl~a~~eparhnent, Public Works Department and the City Attorney. s`~ ~~ ~'. T (~ ~y F By: ~I~10.:(b~~l " ~'Y1A'iY1 ~ Dated: ° ~~22-D~v City Clerk gj~Aj, - 9 9r7 3 7 1 Z;1WorkIMVvleridianlMeridian 15360A1`Com~3b~[es T ~ ~~as.0(ler.doc •.,, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COMFORT SUITES SUBDIVISION (AZ-03-007) PAGE 15 OF I S